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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Laurence Scot v Lady Shenaltoun. [1664] Mor 9394 (19 July 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor2209394-012.html
Cite as: [1664] Mor 9394

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[1664] Mor 9394      
Subject_1 OATH OF PARTY.
Subject_2 SECT. I.

In what Cases admitted.

Sir Laurence Scot
 v.
Lady Shenaltoun

Date: 19 July 1664
Case No. No 12.

Click here to view a pdf copy of this documet : PDF Copy

In an act of litiscontestation, betwixt Sir Laurence Scot and the Lady Shenltoun; a defence of payment being found relevant, scripto vel juramento, for Sir Laurence, and not having cited the Lady to give her oath, nor produced any writ, the term was craved to be circumduced.

The Lords did not circumduce the term; but found that the pursuer should have been still ready to produce his client to depone, if the defender made choice of his oath.

 Stair, v. 1. p. 217.

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/1664/Mor2209394-012.html