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Scottish Court of Session Decisions >>
Aitken v Finlay. [1702] Mor 13205 (10 November 1702)
URL: http://www.bailii.org/scot/cases/ScotCS/1702/Mor3113205-010.html Cite as:
[1702] Mor 13205
Where the Qualified Oath imports a Denial of the Libel.
Aitken v. Finlay
Date: 10 November 1702 Case No. No 10.
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A pursuer having referred to the defender's oath, that he had given him a certain sum, on his promise to repay it; and the defender deponing and confessing, that he had received the money, but adding, that it was in payment and satisfaction of as much due to him by the pursuer, and that he never promised to repay it; the Lords found the quality intrinsic; for the quality here resolved into a denial of the libel.
Fol. Dic. v. 2. p. 295. Fountainhall
*** This case is No 35. p. 9422. voce Oath of Party.
