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John, Earl of Breadalbane v William Innes, George, Lord Reay, Et Alii: HL 11 Feb 1736

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References: [1736] UKHL 1_Paton_181, (1736) 1 Paton 181
Links: Bailii
Ratio: Foreign – A Scotchman dying in England, where his will was duly proved by the executor therein nominated, it was found that an executor-creditor could not recover in Scotland a debt due upon a bond to the deceased.
Oath of Party – Privilege- A claim of debt against a Peer being referred to his oath, the Court of Session found that he was not entitled to have his examination taken upon honour. This point was not expressly decided in the House of Lords.

Last Update: 04 February 2018
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