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The Deacon of the Hammermen in Glasgow pursued Crawford in Fordanhill, as heir to his father, for the sum of L. 100 borrowed by his umquhile father from the said Deacon upon his bond; which bond being lost, the pursuer craved to prove the tenor thereof; which summons the Lords would not sustain to prove the tenor, but to pursue for the sum. The defender alleged, That this sum could not be proved but by writ or oath of party, conform to the daily practice and statute of the Lords, which being read, bore a sum exceeding L. 100, not to be proved by witnesses or subscription of one notary, and so decerned the said sum may be proved now and in all time coming by witnesses.
Fol. Dic. v. 2. p. 230. Auchinleck, MS. p. 153.
*** Durie's report of this case is No 130. p. 2247, voce Citation.
