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Cite as: [1664] Mor 13241

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[1664] Mor 13241      
Subject_1 QUALIFIED OATH.
Subject_2 SECT. VI.

Compensation Extrinsic.

Learmont
 v.
Russel

Date: 9 December 1664
Case No. No 53.

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In a pursuit for the price of wines, the libel being referred to the defender's oath, he acknowledged the libel, but added, that the pursuer was debtor to him in a greater sum by bonds and decreets. This quality was found extrinsic, and that it must be proved by way of exception.

 Fol. Dic. v. 2. p. 293. Stair. Newbyth.

*** This case is No 1. p. 13201.

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/Mor3113241-053.html