Scottish Court of Session Decisions

Subject_1 OATH.
Subject_2 DIVISION I.

Oath in litem.
Subject_3 SECT. VII.

Where the Oath in litem ought to be taxed.

Dougal
v.
Murdoch

1684. February.
Case No. No 21.

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One having got a disposition of some goods and furniture, and the disposition being borrowed up out of a process by the disponer's relict, and she pretending that it was lost, the party pursued for damages, and craved he might be allowed to prove the quantity and kinds of goods contained in the disposition, by his oath in litem, seeing they consisted of many particulars, which he could not otherwise prove.

The Lords allowed the juramentum in litem as to the quantities, reserving to the defender his defences competent against the deposition, and against the value and price of the goods libelled.

Fol. Dic. v. 2. p. 10. Harcarse, (Oaths.) No 740. p. 210.