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In a transferring of an action and summons, pursued by Robert Winram against the executors of Mr. Henry Dansken, which summons desired to be transferred, was privileged, because part thereof was referred to the defender's oath; and the defender being dead, the summons being desired to be transferred in his executor, against whom the pursuer was to verify the whole summons by writ; the Lords found, that summons could not be transferred, because the defender therein being dead, against whom the privileged summons was sustained, by reason it was referred to his oath, which otherwise being proved, would not have been so privileged.; therefore the cause of that personal privilege ceasing by his death, the same could not militate in the pursuer's favour, to he transferred in the executors of that defender, against which executor, that summons with that privilege could not be prosecuted.
