Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
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13 March 1628 Click here to view a pdf copy of this documet : PDF Copy
A pursuit being intented upon a writ, the defender alleged a new transaction, which was first referred to the pursuer's oath; and he being willing to depone, the defender resiled, and alleged he might prove his exception prout de jure. The Lords suffered the defender to resile; but ordained him to prove the transaction by writ, and no otherwise, seeing he had resiled from the pursuer's oath.
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