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URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030130-0146.html

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[1677] 3 Brn 130      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 YULE VACANCY.

Isobel Barnes
v.
Claud Hamilton

Date: 3 February 1677

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In a suspension, Claud Hamilton of Parkhead contra Isobel Barnes, the Lords found, (as they had done oft before,) that a debtor will get the cedent's oath, in case either he make it appear by the assignee's oath, or otherwise, that the assignation is to the cedent's behoof; or if to his own behoof, if it be without onerous causes; but he need not say adequate to the worth of what is assigned.

Advocates' MS. No. 540, folio 275.

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/1677/Brn030130-0146.html