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In the spuilzie of a horse, Cairns against Hunter, an exception being admitted upon the re-delivery of the horse to the pursuer's probation, and therein at the advising the cause, a witness proving, that the pursuer's wife directed her son to receive the horse, and that according thereto, she caused her son put the horse in her husband's stable, and another proving, that he heard the husband say at another time, that he had received the horse, albeit none ever proved, that he saw the horse in his possession, nor no more was proved in the cause; the Lords found, that although this probation was not enough to prove the exception, yet it was a presumptive probation to induce the Judge as probatio semiplena, to take the excipient's oath of verity upon the said exception, and therefore ordained his oath to be taken thereon.
