BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jack v Mowat. [1666] Mor 12456 (13 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2912456-294.html
Cite as: [1666] Mor 12456

[New search] [Printable PDF version] [Help]

[1666] Mor 12456      
Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. I.

Cedent's oath, if good against the Assignee.

Jack
 v.
Mowat

Date: 13 June 1666
Case No. No 294.

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

The Lords found, that Jack having obtained decreet, as assignee by his father, it was relevant for the debtor to allege and prove by the assignee's oath, that the assignation was without a cause onerous, and by the cedent's oath, that the debt was paid before intimation.

 Stair, v. 1. p. 376.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2912456-294.html