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Brown v Mitchell. [1669] Mor 13202 (6 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor3113202-002.html Cite as:
[1669] Mor 13202
Where the Qualified Oath imports a Denial of the Libel.
Brown v. Mitchell
Date: 6 February 1669 Case No. No 2.
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Brown pursuing Mitchell as debtor, by an account whereof one article being L. 450 borrowed money, and the rest for merchant-ware delivered, the whole being referred to his oath, he did depone, That as to the borrowed money, he was debtor by a ticket, but that it was delivered up to him upon compensation, due for merchant-ware, received by Brown's wife before her marriage, to whom Mitchell had granted the ticket. The Lords sustained this qualified oath to exoner the defender, notwithstanding that it was alleged, that he ought to prove the delivery of the merchant-ware; because the debt being once constituted by writ, which was delivered back and destroyed, so that they had no other way to prove the same but by his oath, the pursuer could not refuse to take it with the foresaid quality; neither was it respected, that the pursuer alleged, that the qualified oath did bear, that the ticket was given back by Brown's wife for a debt resting by her first husband, which they alleged ought to be proved: Notwithstanding whereof the quality was sustained without necessity to prove her first husband's debt.
