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Scottish Court of Session Decisions >>
Cant (or Caut) v Loch's Relict. [1665] Mor 13222 (15 November 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3113222-029.html Cite as:
[1665] Mor 13222
What if the payment or satisfaction be of that nature not to be proveable by witnesses? Qualified declaration. A party's subscription being referred to his oath, whether he can adject the quality that his obligation is conditional, when the deed bears it to be pure ? Where the terms of agreement are referred to oath, whether the quality of the endurance of the agreement, being for a limited time, is intrinsic or extrinsic?
Cant (or Caut) v. Loch's Relict
Date: 15 November 1665 Case No. No 29.
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In the action pursued by Mr Walter Cant against the Relict of James Loch, No 101. p. 12029. voce Process, the Relict, as tutrix to her son, being ordained to depone upon the charge given in by the pursuer, she refused to depone thereupon, unless she were likewise permitted to depone anent the discharge of her own intromission; and it being questioned, whether she might so depone with a quality as that by her oath she might exhaust; all her intromissions or what she might have intromitted with? The Lords found she ought to depone simply upon the charge without any quality upon what she had received, or might have received, of the house-mail; and that having deponed, she might give in her discharge and prove the same, which the Lords, would consider.
