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In an action between Angus Mackrannel and Mackenzie of Coul, a matter being admitted to the pursuer's probation, and he having produced witnesses for that effect; the defender alleged, That witnesses could not be received in the cause, because he would refer the matter to the pursuer's own oath. The pursuer answered, He could not be hindered of that lawful probation, which he had made choice of; yet the Lords found he should clear it by his oath.
