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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Cowper v Lord Pitsligo. [1662] Mor 9349 (3 July 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor2209349-001.html
Cite as: [1662] Mor 9349

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[1662] Mor 9349      
Subject_1 OATH.
Subject_2 DIVISION I.

Oath in litem.
Subject_3 SECT. I.

In what cases admitted.

Lord Cowper
 v.
Lord Pitsligo

Date: 3 July 1662
Case No. No 1.

Click here to view a pdf copy of this documet : PDF Copy

One being pursued to restore a watch, or the pretium affectionis, the defence was, that sine dolo desiit possidere having in the pursuer's presence given away the watch, the pursuer making no opposition. The Lords would not suffer the price of the watch to be proved by the pursuer's oath, but prout de jure.

 Fol. Dic. v. 2. p. 8. Stair.

*** This case is No 11. p. 5626. voce Homologation.

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/1662/Mor2209349-001.html