Where the Qualified Oath imports a Denial of the Libel.
Cameron v. Dunskine
1730.
February. Case No. No 14.
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In a pursuit upon a bill, an allegeance being made for the defender of a partial payment, which was referred to the pursuer's oath; and he deponing, that he received L.5 Sterling, but that it was in payment of a separate open account; the Lords found the quality extrinsic, and that the partial payment behoved to be applied to the bill, unless the pursuer would instruct the open account otherwise than by his own oath, notwithstanding that the allegeance of partial payment was not proved, the oath resolving into a denial thereof.—See Appendix.
