Scottish Court of Session Decisions

Subject_1 OATH of PARTY.
Subject_2 SECT. II.

Whether a Party may be required to depone super facto alieno? - Whether Oath of Party must be special?

Alexander Dunbar
v.
Isobel Ruthven

Date: 5 January 1665
Case No. No 23.

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In a case pursued by Alexander Dunbar Bailie of Inverness against Isobel Ruthven, wherein a trust of some goods and moveables standing in her father's possession was referred to her oath, and it being alleged that it was factum alienum, and she could not depone; the Lords found she ought to depone, it being libelled that the trust was consistent with her knowledge.

Fol. Dic. v. 2. p. 15. Newbyth, MS. p. 15.