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William Blacket, merchant in Newcastle, obtains a decreet against Helen Bunkle, relict of John Loran in Kelso, for payment of certain sums, as being the remainder of a great debt owing by her husband, whereof she entered in payment, and promised or constituted herself debitrix for the rest. The decreet is suspended, upon this reason, that it is without lawful probation, there being nothing produced to verify her to be debitrix; the most that can appear being only, that she paid a part, and desired his forbearance for the rest, which bindeth not the debt upon her unless she had promised payment.
The Lords found, that this was no valid ground to decern, and therefore suspended simpliciter.
