Where a promise had been made by a husband and wife, the oath of the wife was allowed to be taken.
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In an action by the Lord Gray contra Mr James Graham and his wife, founded upon a promise made by them to him, which was referred to both their oaths; the Lords found, that the wife ought to give her oath, albeit her husband alleged, That her oath of the law ought not to be taken upon the promise libelled, seeing the pursuer's summons bore the same to be made by her in the time of her marriage with this present husband, and since they were married together, so that she could not depone thereon; for, albeit she should confess the promise, it would neither be obligatory against the husband, if he should deny the making of any promise, neither would it be obligatory against herself, albeit she should survive her husband, the same being made, as the libel confesses, in the time of their marriage standing; notwithstanding whereof, the Lords found, that she ought to give her oath, and then the Lords would consider what effect the same should produce.
