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[1672] 2 Brn 613      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Robert Pitillo
v.
-

1672. January.

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I call to mind that in the month of July 1671, the Lords found, in a case of Mr. Robert Pitillo's, that the cedent's oath might be taken in prejudice of the assignee, where it was confessed that the assignation was without onerous causes; though before, it was counted a brocard, that the cedent could not swear in prejudice of the assignee, unless the assignee first had confessed the assignation to have been to the cedent's behoof.

Advocates' MS. No. 307, § 1, folio 126.

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/1672/Brn020613-1019.html