Judicial Steps, how far under the Power of Parties, to be retracted, altered, or amended.
Kincaid v. Dickson
Date: 17 July 1673 Case No. No 274.
Oath of a party, as to a promise, being positive, denying it, but bearing, that being interrogated, if he had written any letters concerning promise, he deponed he remembered none that bore then a resolution, the letter was not admitted thereafter to prove the promise.
Click here to view a pdf copy of this documet : PDF Copy
Mr John Kincaid having pursued Mr Alexander Dickson, for payment of a sum promised to the pursuer's wife, when she was wife to the defender's nephew, and having deponed, that he did declare his purpose to give such a sum to his nephew's wife, and such a sum to his children, if he behaved well in his affairs; and being interrogated whether by any missive letters he had engaged for the same, he deponed that he knew of no missive letters, in which he had done any more than declared his purpose as aforesaid, and if all his letters were laid together, he believed it would make it appear so.
The Lords found, That this oath imported no obligation or promise, but only the expression of a resolution, and refused to reserve to the pursuer to prove the promise by the defender's missives, albeit he was not positive that they bare no such promise, but that he knew not they bore the same, because the pursuer having chosen his probation by the defender's oath, wherein he was positive that he made no promise, they would admit of no other probation.
