What if the payment or satisfaction be of that nature not to be proveable by witnesses? Qualified declaration. A party's subscription being referred to his oath, whether he can adject the quality that his obligation is conditional, when the deed bears it to be pure ? Where the terms of agreement are referred to oath, whether the quality of the endurance of the agreement, being for a limited time, is intrinsic or extrinsic?
Oliphant v. -
Date: 7 July 1675 Case No. No 30.
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Oliphant desired an advocation from the town court upon these reasons, viz. 1mo, That the libel was to be proved by the defender's oath which he was to qualify; and, 2do, That the defender was to prove a defence by the pursuer's son's oath, who was out of the country, and the town could not give a commission for taking his oath; both which reasons were thought not to be relevant, and the advocation refused, in respect all judges ought to receive oaths with intrinsic qualities, and commissions may be directed by any competent judge.
