Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. XI.

Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?

Alexander Gordon of Camdell,
v.
Angus Macpherson

1686. January.
Case No. No. 302.

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One having alleged that a bond, on which he was pursued, was null, as wanting witnesses, and not holograph; the pursuer offered to prove, by the defender's oath, that he subscribed the bond.

Answered: Non relevat, unless the pursuer could say, That the defender promised payment, or that the sum is resting owing.

The Lords sustained the answer.

Harcarse, No. 207. p. 47.