[1731] Mor 12461
Subject_1 PROOF.
Subject_2 DIVISION II. Single Witness, in what cases sustained.
Subject_3 SECT. I. Cedent's oath, if good against the Assignee.
Date: Pringle
v.
Campbell
9 February 1731
Case No.No 301.
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The oath of the indorser sustained against an onerous indorsee, to prove that a bill was for money won at play, and consequently void.
A cedent who has given warrandice that the whole debt is resting owing, is not allowed thereafter to depone against the assignee, that any part is paid: But in such a case as the present there is the same reason for sustaining the cedent's oath, that there is for sustaining a proof of payment by the common debtor's oath against an arrester, because, being liable in warrandice, it is virtually deponing against himself. See Appendix. See No 316. p. 12473.
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