You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
A. v B. [1751] Mor 12475 (26 February 1751)
URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor2912475-318.html Cite as:
[1751] Mor 12475
Oath of the Debtor, if good against his Creditors?
A v. B
Date: 26 February 1751 Case No. No 318.
Click here to view a pdf copy of this documet : PDF Copy
On the verbal report of the Lord Woodhall from the Outer-house as a part of his trial, the Lords, agreeable to the opinion by him given, found, that where resting owing is referred to a party's oath, who acknowleges that he was once debtor, it is not enough for him to swear, that he owes nothing; but he must condescend quo modo he paid, lest he should pay his debt by mistake in point of law.
N. B. The Lord Woodhall's letter not having come down, till, by the forms of the Court, there was no more Outer-house, the Lords sent out an Ordinary pro re nata: They considered the forms of the Court to be subject to their own regulation, and that they could do no less in compliance with the King's letter.
Fol. Dic. v. 4. p. 165. Kilkerran, (Proof.) No 14. p. 448.
