Where the Qualified Oath imports a Denial of the Libel.
Earl Airly v. Sharp
Date: 28 January 1698 Case No. No 9.
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An apparent heir being pursued upon the passive title of intromission with his predecessor's writs, and having declared upon oath, That he meddled with no papers, save what were his own by assignation, which his predecessor had made to him of all his personal estate; thus making himself judge of what belonged to him; and having owned his entering the closet, where all the defunct's writs were, without either the presence or warrant of a Judge; yet the Lords assoilzied the apparent heir, and refused to divide his oath.
Fol. Dic. v. 2. p. 296. Fountainhall.
*** This case is No 31. p. 9673. voce Passive Title.
