Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION I.

Allegeances how relevant to be proved.
Subject_3 SECT. IX.

Naked Promise.

L Ernock
v.
L Preston.

Date: 25 February 1636
Case No. No 186.

Found the reverse of Russell against Paterson, (supra.)

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Laird of Ernock pursuing the young Laird of Preston, for payment to him of L. 100 promised to him by Preston; and It being, questioned by the defender, that this promise ought to be proved by writ, or the defender's oath, and no otherwise; the Lords found, that the same might be proved by witnesses, and admitted the same to probation, to be so proved; seeing it was only the promise of L. 100, and not above that sum; for, if it had been above that sum, they would have found it only probable scripto vel juramento partis.

Fol. Dic. v. 2. p. 227. Durie, p. 798.