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URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor3113228-037.html
Cite as: [1672] Mor 13228

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[1672] Mor 13228      
Subject_1 QUALIFIED OATH.
Subject_2 SECT. IV.

Where the libel as laid is irrelevant.

Scot of Gorrinberry
 v.
Elliot

Date: 3 February 1672
Case No. No 37.

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As possession presumes property in moveables, a libel concluding restitution upon intromission with moveables, cannot be relevant, unless the pursuer qualify quomodo desiit possedere; and therefore, when such a libel is referred to the defender's oath, he may either object to the relevancy, or set forth the title of his intromission, and protest for a qualified oath, which will be sustained to him.

 Fol. Dic. v. 2. p. 298. Stair.

*** This case is No 624. p. 12727. voce Proof.

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/Mor3113228-037.html