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Scottish Court of Session Decisions >>
Weir v Lochinvar. [1633] Mor 12090 (12 November 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor2812090-196.html Cite as:
[1633] Mor 12090
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One Weir being addebted to Weir, arrests in the hands of Lochinvar the sum addebted by him to the said Weir, and pursues Lochinvar to make the arrested goods forthcoming, and refers the quantity to his oath. A day is taken to give his oath. At the said term it is alleged by Lochinvar, That the principal party, Weir, is dead, and so the action must be transferred against any that may represent him. To which it was answered, That Lochinvar must give his oath, for, in case Lochinvar die, the pursuer will lose his probation.—The Lords ordained Lochinvar to take a short day to give his oath, and thereafter the process to stay till the action be transferred.
