A subscription by initials before a notary and witnesses was supported by the party's oath, in opposition to the contradictory evidence of the instrumentary witnesses.
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Culterallers having pursued Silvester Chapman for a bond of 200 merks, subscribed by the initial letters of the defender's name;
The Lords sustained the pursuit, the defender being in use thus to subscribe; and that he did subscribe this bond; the notary and three witnesses insert being examined, they proved the defender's custom so to subscribe, but as to the actual subscribing this bond, two were affirmative, and two were negative, denying their subscription, deponing that they remembered not they saw the defender subscribe. The pursuer's own oath was also taken ex officio, who affirmed the truth of the subscription, and that the witnesses insert were present. The question arose whether the verity of the subscription were proved.
The Lords found that it was sufficiently proved, the pursuer being a man above all suspicion, and no improbation proponed.
