A bond sustained wanting a date, having a term of payment.
See No. 169. infra.
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William Hamilton sometimes of Samuelstoun, having given his bond to Sinclair his mother, for payment of a certain yearly duty to her, so soon as he gets possession of the teinds of Swinton; whereupon he being pursued for payment thereof to her, compears and excepts, that the bond is null, because it wanted a date, viz. day, month, and year, and therefore could not produce any effectual action. The Lords repelled the allegeance, because the pursuer offered to prove by the witnesses inserted, the date and time of the subscribing thereof; and that the bond obliged the defender to make payment, how soon he became in possession of the teinds, whereas the pursuer offered to prove in his summons, that the defender became in possession thereof, before the years acclaimed from him by the pursuer in that pursuit.
Clerk, Hay.
Durie, p. 5.
*** The like found 15th January, 1662, Grant against Grant, No. 176. p. 11497. voce Presumption.
