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Scottish Court of Session Decisions >>
- v Johnston's Assignee. [1687] Mor 12732 (00 November 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Mor3012732-628.html
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A debt pursued for being referred to the defender's oath, he swore with this quality, that as the pursuer's cedent gave him goods, so he thereafter gave the cedent goods.
The Lords did not sustain the quality in the oath as a ground of compensation, nor yet as payment, seeing the deponent did not say, that the goods given to the cedent were in satisfaction of the other goods, and now the cedent was bankrupt.
