Scottish Court of Session Decisions

Subject_1 OATH.

Representatives of Barclay
v.
Couper

1741, June 5.
Case No. No. 2b.

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Mr Barclay, in counting with his employer, Mr Law, gets credit for L.50 sterling, paid by him to Mr Couper, as manager for the Earl of Northesk in the sale of an estate by him to Mr Law. Mr Couper sued Mr Barclay for payment of this L.50, and Mr Barclay was willing to give his oath that it was not resting owing; but Mr Couper would not take his oath; and after Mr Barclay's death, recovered decreet before the Sheriff;—and Drummore, Ordinary, affirmed the decreet;—but we unanimously altered, and found that Mr Couper behoved to prove resting owing.