A promise of marriage, the granter being dead, found probable only scripto.
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In a pursuit for aliment, pursued at the said Margaret's instance against the nearest of kin of William Logan, to whom she alleged she had born a child, under promise of marriage, which was proved by several witnesses, in a process before the Commissaries; it was alleged for the defender, That the said William granter of the promise, being dead seven years ago, and never any action intented against him for completing of the marriage, any such alleged promise was not probable but scripto; and, as to any probation led before the Commissaries, it was res inter alios acta. The defenders not being called, and the Lords having advised this cause, found it to be of a dangerous consequence to sustain the probation of a promise of marriage, after the death of the granter, otherwise than by writ; and found the case far different, where a promise might be proved by witnesses against the party, being alive, for solemnization, seeing he might object against the witnesses, or propone interrogatories, for clearing of himself, or allege relevant defences, which his nearest of kin could not know. And the case being of itself most unfavourable, the Lords would not sustain any other manner of probation but scripto.
Fol. Dic. v. 2. p. 228. Gosford, MS. No 308. p. 135.
