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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hepburn v Hamilton of Orbeston. [1661] Mor 12480 (12 December 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor2912480-329.html
Cite as: [1661] Mor 12480

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[1661] Mor 12480      
Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. III.

Administrator's Oath, if relevant against his Constituent?

Hepburn
 v.
Hamilton of Orbeston

Date: 12 December 1661
Case No. No 329.

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Though the tutor's oath of knowledge of any debt due by his pupil's predecessor will not prove against the pupil, because there he depones tanquam quilibet; yet his oath, as to deeds of administration done by himself, will prove against the pupil.

 Fol. Dic. v. 2. p. 238. Stair.

*** This case is No 53. p. 8465, voce Locus PoenitentiÆ.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor2912480-329.html