In what cases a private Deed not probative betwixt the Granter and Receiver.
Mr Alexander Cuming v. Henry Seaton, and Aitchison, his Wife
Date: 11 December 1622 Case No. No 481.
The Lords would not admit evidence by the writer and witnesses of a bond, that the onerous cause was one not mentioned in the bond.
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The Lords sustained a voluntary interdiction made by a goodfather to his sons-in-law, to take away a personal bond made to a stranger; and when it was alleged, That it depended upon an anterior cause, viz. a bond of the like sum owing to the defender's husband, and which was confirmed in testament, to whom the defender was executor, and offered to prove, at the renewing of the last bond, the first was given back and destroyed;
The Lords would not sustain the said duply to be proved by witnesses, notwithstanding that they offered to prove the same by witnesses' oaths inserted, and not as subscribers of the said bond, except they would prove the same by writ or oath of party, specially in respect the bond made after interdiction bore borrowed money.
Fol. Dic. v. 2. p. 25. Kerse, MS. fol. 62.
*** Durie's report of this case is No 7. p. 7128, voce Interdiction.
