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Scottish Court of Session Decisions >>
A. v B. [1685] Mor 13203 (20 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor3113203-006.html Cite as:
[1685] Mor 13203
Where the Qualified Oath imports a Denial of the Libel.
A v. B
Date: 20 January 1685 Case No. No 6.
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One pursues his wife's father for payment of 2000 merkes of tocher, because, though he had confessed the receipt of it in his contract of marriage, yet that discharge was elicited, and given by him sub spe numerandæ pecuniæ; and this being only probable scripto vel juramento, and, referring to his father-in-law's oath, he deponed that it was communed it should be put in; and that it was neither paid, nor promised to be paid, and so there could be no spes in the case. The Lords demurred a little, but inclined to assoilzie the father-in-law.
Fol. Dic. v. 2. p. 295. Fountainhall, v. 1. p. 333.
