Payment and Consignation how relevant to be proved.
Finlason v. Executors of Lauder
Date: 16 December 1626 Case No. No 141.
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Patrick Finlason, as executor to his father, pursues the Executors of umquhile William Lauder, for payment of the sum of L. 300, and of the price of a pipe of sack and a tun of beer, which the said umquhile William Lauder by his ticket subscribed with his hand, granted him to be addebted to the pursuer's father. The defender alleging the same to be paid to the defunct in his own time, the Lords found the payment of the money contained in the ticket ought to be proved by writ or oath of party but that the payment of the price of the butt of sack and tun of beer might be proved by, witnesses, albeit all was contained in one ticket.
Clerk, Gibson.
Fol. Dic. v. 2. p. 223. Durie, p. 248.
