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Cite as: [1611] Mor 13247

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[1611] Mor 13247      
Subject_1 QUALIFIED OATH.
Subject_2 SECT. VII.

Where the adjected quality is not relevant.

Laird of Torsons
 v.
Pringle

Date: 15 June 1611
Case No. No 58.

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A Matter being referred to the party's oath, and he by his declaration affirming that which is offered to be proved, and therewithal adjecting conditions destructive of the allegeance, such as a clause irritant in case of failzie, and that the failzie is committed, the allegeance will be found proved, reserving to him his action for declarator of the failzie or contravening the conditions.

 Fol. Dic. v. 2. p. 301. Haddington, MS. No 2217.

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/1611/Mor3113247-058.html