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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cuningham v Ld. Kerse. [1579] Mor 12023 (6 February 1579)
URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2812023-090.html
Cite as: [1579] Mor 12023

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[1579] Mor 12023      
Subject_1 PROCESS.
Subject_2 SECT. V.

Holden as confessed - Confessing or denying.

Cuningham
 v.
Ld Kerse.

Date: 6 February 1579
Case No. No 90.

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In a spuilzie the defender refusing to give his oath of calumny, and thereupon being holden as confessed, the Lords found, That this superseded any probation by witnesses, either of the possession or spuilzie.

 Fol. Dic. v. 2. p. 184. Colvil.

*** This case is No 33. p. 9375. voce Oath.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2812023-090.html