A Cedent was admitted to depone against an as signee, who was the cedent's son.
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John White as having right from James White his father, charges Brown for 2000 merks, who suspends on this reason, that this translation being by a father to a son, in his family, at least having no visible estate to acquire it, the suspender cannot be prejudged, as to the manner of probation, by the fathers oath, by which he offered him to prove, that the father was debtor in a greater sum. It was answered, That the cedent's oath could not be taken in prejudice of the assignee.
The Lords found, That in this case the reason was probable by the cedent's oath.
