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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Littlegill. [1682] Mor 12035 (00 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor2812035-110.html
Cite as: [1682] Mor 12035

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[1682] Mor 12035      

Subject_1 PROCESS.
Subject_2 SECT. V.

Holden as confessed - Confessing or denying.

-
v.
Littlegill

1682. February.
Case No. No 110.

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A promise of payment being referred to the defender's oath, and he having deponed non memini, the Lords held him as confessed, unless he would be positive before extracting, it being factum proprium within two years.

Fol. Dic. v. 2. p. 184. Harcarse, (Oaths.) No 738. p. 209.

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

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