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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Craick of Stewarton v Wilson. [1688] Mor 12036 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2812036-112.html
Cite as: [1688] Mor 12036

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[1688] Mor 12036      
Subject_1 PROCESS.
Subject_2 SECT. V.

Holden as confessed - Confessing or denying.

Craick of Stewarton
 v.
Wilson

1688. February.
Case No. No 112.

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The defender, in a forthcoming, having suspended a decreet, holding him as confest, and the charger not having insisted, the suspender died some years after, without craving to be reponed; and the defender's heirs being pursued, they craved to be reponed against the said decreet; which the Lords refused, seeing now the charger had lost the benefit of the defunct's oath, as to what he was debtor in the time of the arrestment; and there was no nullity in the decreet.

 Fol. Dic. v. 2. p. 185. Harcarse, (Oaths.) No 745. p. 210.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2812036-112.html