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Ante conclusum in causa, the defender, although he has used no diligence to prove his exception, will be heard to refer it to the pursuer's oath of verity. Conform hereunto, in an action pursued by Mr Robert Bruce against Patrick Bruce, the defender having offered to improve the executions, and having done no diligence at the term, was suffered to refer it to the pursuer's oath of credulity, non enim erat ejus proprium factum.
