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Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1600/Mor3214032-017.html
Cite as: [1600] Mor 14032

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Mor 14032      
Subject_1 RES INTER ALIOS.
Subject_2 SECT. I.

Proof.

A
 v.
B


Case No. No 17.

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In a reduction upon the head of death-bed, the pursuer repeting a probation of death-bed led in another process, because the witnesses were now dead, and could not be adduced in this; the Lords found, That the depositions transmitted from the one proces to the other could not be used as probative here, because res inter alios acta, et testibus non testimoniis credendum est. See Appendix.

 Fol. Dic. v. 2. p. 346. Fountainhall, MS.

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/1600/Mor3214032-017.html