[1672] Mor 13228
Subject_1 QUALIFIED OATH.
Subject_2 SECT. IV. Where the libel as laid is irrelevant.
Date: Scot of Gorrinberry
v.
Elliot
3 February 1672
Case No.No 37.
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As possession presumes property in moveables, a libel concluding restitution upon intromission with moveables, cannot be relevant, unless the pursuer qualify quomodo desiit possedere; and therefore, when such a libel is referred to the
defender's oath, he may either object to the relevancy, or set forth the title of his intromission, and protest for a qualified oath, which will be sustained to him. *** This case is No 624. p. 12727. voce Proof.
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