Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Learmont v Russel. [1664] Mor 13241 (9 December 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Mor3113241-053.html
Cite as: [1664] Mor 13241

[New search] [Printable PDF version] [Help]

[1664] Mor 13241

Subject_1 QUALIFIED OATH.
Subject_2 SECT. VI.
Compensation Extrinsic.

Learmont
v.
Russel

Date: 9 December 1664
Case No. No 53.

Click here to view a pdf copy of this documet : PDF Copy

In a pursuit for the price of wines, the libel being referred to the defender's oath, he acknowledged the libel, but added, that the pursuer was debtor to him in a greater sum by bonds and decreets. This quality was found extrinsic, and that it must be proved by way of exception.
Fol. Dic. v. 2. p. 293. Stair. Newbyth.
*** This case is No 1. p. 13201.

The electronic version of the text was provided by the Scottish Council of Law Reporting

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010