A condition not being engrossed in the deed, but only at signing agreed on, was found not relevant to be proved by the witnesses inserted.
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William Wauchope of N. pursued Alison Hamilton, his grandmother, for suspension of letters raised at her instance, charging him to pay to her, as executrix to her husband, his father, the sum of L. 60, contained in an obligation made to his said father by him, registered in the books of council. The pursuer alleged, That it was convened betwixt him and his father, that if he obtained a tack of the teinds of N. to his father and his heirs, he should not pay the said sum; and it is of verity, that he obtained the said tack, as said is, and offered him to prove the condition foresaid by the witnesses contained in the obligation, and therefore the letters should be suspended for payment. The defender alleged, That if such condition was, the same should not be given to the pursuer's probation, without that he would allege that the condition was inserted in the obligation, which was not of verity; which allegeance of the said Alison was admitted by the Lords, and found that the said condition might not be proved by the witnesses, albeit they be inserted in the obligation foresaid; and therefore ordained the defender's letters to be put to farther execution, notwithstanding the allegeance of the said William.
