Oath of the Debtor, if good against his Creditors?
Andrew Horn, Coalgrieve to the Dutchess of Argyle, v. Lord Edward Murray and his Lady
Date: 20 February 1711 Case No. No 309.
In a process of furthcoming, payment found relevant to be proved by the debtor's oath, in prejudice of the arrester.
Click here to view a pdf copy of this documet : PDF Copy
In a process of forthcoming at the instance of Andrew Horn, who, as creditor to Mr David Seton brewer in the Canongate, had arrested, in the hands of Lord Edward Murray and his Lady, money due by them to Mr David for ale furnished to their family; the pursuer offered to prove the furnishing of the ale and price thereof within the years of prescription by witnesses, and the defenders offered to prove payment by Mr David's oath.
The Lords found the payment relevant to be proved by the oath of Mr David the brewer and furnisher, in prejudice of the arrester; albeit it was alleged for the arrester, that he being a legal assignee, Mr David Seton's oath could not make against him, more than a cedent's oath could prejudice an onerous assignee; in respect an arrestment, being but an incomplete diligence, doth not denude the person whose debt is arrested, as an intimated assignation denudes the cedent; seeing goods arrested may, notwithstanding the arrestment, be poinded at another creditor's instance.
