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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jack v Mowat. [1666] Mor 12456 (13 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2912456-294.html
Cite as: [1666] Mor 12456

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[1666] Mor 12456      
Subject_1 PROOF.
Subject_2 DIVISION II.

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

Cedent's oath, if good against the Assignee.

Jack
 v.
Mowat

Date: 13 June 1666
Case No. No 294.

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The Lords found, that Jack having obtained decreet, as assignee by his father, it was relevant for the debtor to allege and prove by the assignee's oath, that the assignation was without a cause onerous, and by the cedent's oath, that the debt was paid before intimation.

 Stair, v. 1. p. 376.

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/1666/Mor2912456-294.html