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Scottish Court of Session Decisions


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[1672] 2 Brn 157      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Burnside
v.
Bruce

Date: 13 January 1672

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Burnside having charged Bruce upon a bond, he suspends, and alleges Payment; and refers the same to the charger's oath: and, when he is deponing, he produces a ticket of 100 merks, and of ten dollars, in part of payment of a greater sum; yet the charger depones, That the whole sum was resting, and that this ticket was a part of another sum. The Lords rejected the quality; and found, That the deponer behoved to instruct that there was another debt resting at the time.

Vol. II, Page 45.

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

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