Click here to view a pdf copy of this documet : PDF Copy
One Frazer having wadset his lands to one Duncan, redeemable upon 5000 merks, and alleging, that at the time of the wadset. Duncan promised that what the prices of the victual, according to the fiars of the year, extended to further than would pay the ordinary profits of his sum, he should repay the same according whereto he alleged he had received payment two years together after the wadset, and that sincesyne there were eight years owing to him; pursues for the payment of the superplus, and refers the promise to the party's oath, who was holden as confest and decerned; which decreet being suspended and the party offering to give his oath, excusing his contumacy by simplicity and ignorance, and that he came within a day or two after the sentence to have given his oath, but was not heard, because the sentence was extracted before, the Lords, albeit it was not verified that he came within so few days after the sentence, and without respect to this, reponed him to the giving of his oath, but ordained him to pay 100 marks for the party's expenses in purchasing his decreet; and the Lords would not sustain the decreet by the party's offering to prove the verity of the promise by witnesses, which the Lords found not probable by witnesses, tending in effect to take away his wadset by witnesses, and to pay his principal sum by this cautelous action.
Act. Baird.Alt. Mowat.Clerk, Gibson.
Fol. Dic. v. 2. p. 185. Durie, p. 831.
