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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Pringle Relict of George Rutherford, Bailie in Dunbar, v Isobel Manderstoun. [1708] Mor 13230 (24 June 1708)
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Cite as: [1708] Mor 13230

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[1708] Mor 13230      

Subject_1 QUALIFIED OATH.
Subject_2 SECT. IV.

Where the libel as laid is irrelevant.

Jean Pringle Relict of George Rutherford, Bailie in Dunbar,
v.
Isobel Manderstoun

Date: 24 June 1708
Case No. No 41.

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The said Jean Pringle, as executrix to her husband, pursued Isobel Manderstoun for L.98 contained in her bond granted to the defunct, who proponed a reason of compensation or payment, by two horses to the value of L. 90 given to the defunct, and offered to prove the same by the pursuer's oath. She having deponed, acknowledging the receipt of such horses, but adding, that they were received in payment of an account of furnishing to the defunct, and in fortification of the quality, produced the defunct's count-book containing the same inserted; the Lords found the quality of the oath intrinsic, and decerned to pay the bond.

Fol. Dic. v. 2. p. 298. Forbes, p. 253.

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

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