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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cleland v M'Donald, M'Neil and Others. [1678] Mor 12751 (5 February 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor3012751-652.html
Cite as: [1678] Mor 12751

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[1678] Mor 12751      
Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. XII.

Trust before the Act 1696.

Cleland
 v.
M'Donald, M'Neil and Others

Date: 5 February 1678
Case No. No 652.

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A competition between a donatar and an arrester, and a declarator that though the bond was in John Cameron's name, yet the debt was truly Donald Cameron's, and the kine and the price his. The Lords finding John's name filled up in it, refused to admit either the granter of the bond, or any extrinsic witnesses, to depone in prejudice thereof; but found the allegeance that it was Donald's money only probable by John's oath, but ordained him to be examined in presence of the granter of the bond, or any other persons that Donald should desire him to be confronted with.

 Fol. Dic. v. 2. p. 272. Fountainhall, MS.

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/1678/Mor3012751-652.html