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Irvine v Forbes. [1676] Mor 12488 (8 June 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor2912488-343.html Cite as:
[1676] Mor 12488
Creditor's Oath, if sustained against Third Parties having Interest.
Irvine v. Forbes
Date: 8 June 1676 Case No. No 343.
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A Third party founded upon a clause in a writ conceived in his favour. It was alleged against him, That the writ was never a delivered evident, which was offered to he proved by the creditor's oath. This was repelled; for since the writ was out of the debtor's hands, it was found, That the benefit of the clause could only be taken away by his oath in whose favour it was conceived.
Fol. Dic. v. 2. p. 240. Stair.
*** This case is No 5. p. 7722. voce Jus Quæsitum Tertio.
