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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Hay v William Borthwick. [1687] 2 Brn 111 (00 November 1687)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
John Hay
v.
William Borthwick
1687 .November .Click here to view a pdf copy of this documet : PDF Copy
A bond, without an onerous cause, sustained as a good title in reduction upon the Act of Parliament 1621; and the pursuer, being an assignee, though not a conjunct person to the cedent, was ordained to condescend upon the onerous cause of his assignation, ad hunc effectum, to get the cedent's oath, if the cause was not adequate;—reserving to the Lords what instructions to require. And yet the onerous cause of rights, to elide the Act of Parliament, is probable by oath of the possessor, without condescending.
Page 32, No. 150.
The electronic version of the text was provided by the Scottish Council of Law Reporting