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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Moffat v Moffat. [1737] 1 Elchies 390 (18 January 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010390-004.html Cite as: [1737] 1 Elchies 390 |
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[1737] 1 Elchies 390
Subject_1 QUALIFIED OATH.
Moffat
v.
Moffat
1737 ,Jan. 18 .
Case No.No. 4.
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The Lords found the quality in the defender's oath intrinsic, viz. that some time after the bargain of sheep, the pursuer ordered him to pay the price to the pursuer's brother-in-law. The Lords were divided, and among others, I own I thought it was extrinsic, till a decision was cited, 6th July 1711, Clerk against Dallas, (Dict. No. 12, p. 13,213.) which determined me.
The electronic version of the text was provided by the Scottish Council of Law Reporting