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Umquhile Thomas Hamilton in Leith, and Euphame Herring his spouse, gave bond to Hector Acheson in the Pans, for payment to him of L. 120 for some ale that the said Hector had furnished to them. After Thomas's death, Hector pursues his relict to make payment conform to her bond. Alleged, The bond was null quoad qam, as being given by her stante matrimonio. Replied, He offered to prove, that she had promised to pay the same since her husband's decease. The defender contended, That her promise was only probable by writ or oath, the matter being of importance, above L. 100, and likewise tending to make a bond null in law effectual against her. The Lords notwithstanding found it probable prout de jure.
Fol. Dic. v. 2. p. 216. Spottiswood, (Probation.) p. 244.
