Found the reverse of Russell against Paterson, (supra.)
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Laird of Ernock pursuing the young Laird of Preston, for payment to him of L. 100 promised to him by Preston; and It being, questioned by the defender, that this promise ought to be proved by writ, or the defender's oath, and no otherwise; the Lords found, that the same might be proved by witnesses, and admitted the same to probation, to be so proved; seeing it was only the promise of L. 100, and not above that sum; for, if it had been above that sum, they would have found it only probable scripto vel juramento partis.
