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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Representatives of Barclay v Couper. [1741] 1 Elchies 307 (5 June 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies010307-002b.html Cite as: [1741] 1 Elchies 307 |
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[1741] 1 Elchies 307
Subject_1 OATH.
Representatives of Barclay
v.
Couper
1741 ,June 5 .
Case No.No. 2b.
Click here to view a pdf copy of this documet : PDF Copy
Mr Barclay, in counting with his employer, Mr Law, gets credit for L.50 sterling, paid by him to Mr Couper, as manager for the Earl of Northesk in the sale of an estate by him to Mr Law. Mr Couper sued Mr Barclay for payment of this L.50, and Mr Barclay was willing to give his oath that it was not resting owing; but Mr Couper would not take his oath; and after Mr Barclay's death, recovered decreet before the Sheriff;—and Drummore, Ordinary, affirmed the decreet;—but we unanimously altered, and found that Mr Couper behoved to prove resting owing.
The electronic version of the text was provided by the Scottish Council of Law Reporting
