Witnesses admitted to prove that a tradesman was employed by a person deceased.
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Robert Thomson having pursued the Earl of Glencairn for a count of wright work, wherein he was employed by the late Earl for his lodging and yards, when he dwelt in my Lord Oxford's house; it was alleged for the Earl, That the employment being a direction was only probable scripto vel juramento.
The Lords, before answer, having ordained witnesses to be examined, and their testimonies being clear and pregnant, that the late Earl did employ the pursuer in this work, and called for him frequently, and ordered the work from time to time, they sustained the witnesses in the probation, and found it proved. It did not appear that this pursuit was within three years of the work, but the defender did not insist in any defence thereupon.
