A missive without witnesses does not prove its date.
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The Laird of Balquhan obtained from the Lord of Lindores a tack of his teind, with a provision contained in his tack, that if the said Laird should happen to dispone the said land without consent of the Laird of Lindores, the tack should be null. The said Lord makes the Laird Lesly assignee to the said clause irritant, and to the contract made thereanent, as also lets him a new tack of the said teind. Lesly pursues the Laird of Pitcaple, who had bought the said land, and Balquhan the author thereof, to hear and see a declarator conform to the irritant clause. It is excepted by Balquhan, that he obtained my Lord's consent by his missive letters, which the pursuer alleged was not relevant, because a missive letter might have been sent by my Lord and antedated, and seeing it contained no witnesses, could not prove the consent. It was answered, that it should be referred to the pursuer's oath, that the letter was written and subscribed by my Lord. The Lords found the exception founded upon the missive letter relevant.
