Found in conformity to Crawford against Vallances Heris supre.
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In a suspension betwixt Maxwell of Hill and L. Drumlanrig, whereby he charges for payment of some money, contained in an obligation made by the suspender to Drumlanrig; it was desired to be suspended, because the suspender had never borrowed any sums, neither was there any cause of debt, whereby the suspender could be found debtor to the charger at any time, either at the making of that bond or before; which was referred to the charger's oath, and that the said bond was made upon hope and express condition, that such deeds should have been done by the charger to the suspender, and no other-ways, which deeds and conditions were never fulfilled; and which point anent the said condition, whereupon the bond was granted, was offered to be proved by the witnesses inserted in the said bond, who were all testes omni exceptione majores. The Lords would not admit the same to be proved by the witnesses inserted, but only found that the condition whereupon the said bond was made, ought to be proved by the oath of the party, to whom the bond was given, or by writ, and no otherways. See Writ.
Act. Stuart & Cunningham.Alt. Hope & Nicolson.Clerk, Scot.
Fol. Dic. v. 2. p. 218. Durie, p. 205.
