Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. I.

Cedent's oath, if good against the Assignee.

Telfer
v.
The Representatives of Spence

1749. July.
Case No. No 303.

On whom it lies to Produce the cedent of a gratuitous assignee to depoue.

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In an action against the Representatives of Nicol Spence, at the instance of poor David Telfer, the gratuitous assignee of Jean Nisbet, to a debt alleged due to her by Spence, the defenders offered to prove payment by Jean Nisbet the cedent's oath, for which a term was assigned. But she, an obscure person, and said to have fled the country for irregularities, not being to be found, the question was, on whom it was incumbent to produce her?

And the Lords “found that the gratuitous assignee was bound to produce his cedent to depone. And upon his failure at the day assigned him for that effect, she was held as confessed.

Fol. Dic. v. 4. p. 164. Kilkerran, (Proof.) No 11. p. 446.