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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kilkerran v The Lord Bargeny. [1683] Mor 9381 (00 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor2209381-047.html
Cite as: [1683] Mor 9381

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[1683] Mor 9381      
Subject_1 OATH.
Subject_2 DIVISION III.

Oath of Calumny.

Kilkerran
 v.
The Lord Bargeny

1683. February.
Case No. No 47.

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In a pursuit at the instance of Kilkerran against the Lord Bargeny, witnesses being adduced upon commission, for proving that my Lord set lands to his tenant, whose depositions the commissioner delayed to give up to the party; he craved my Lord's oath of calumny upon the allegeance.

Answered; An oath of calumny super facto proprio is in effect an oath of verity.

The Lords ordained the oath of calumny to be given.

 Harcarse, (Oaths.) No 739. p. 210.

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/1683/Mor2209381-047.html