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Scottish Court of Session Decisions >>
Mr Robert Hay of Dronlaw v The Earl of Strathmore. [1694] 4 Brn 192 (13 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040192-0430.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Robert Hay of Dronlaw v. The Earl of Strathmore
Date: 13 July 1694
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The Lords were convinced that Dronlaw had ground to seek deduction quoad the one half of Lyel's comprising, seeing it was paid by the Lord Ramsay, his co-cautioner; but, in regard Dronlaw had referred the promise of payment of the price and the terms of the bargain to the Earl's oath, and he had sworn that he had paid the whole sums for this debt; therefore they found the oath the sole rule of the bargain, and repelled Dronlaw's allegeance.
