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Edward Kirkpatrick having obtained decreet against Janet Bryce, she and her husband suspend on this reason, that the Sheriff found a promise probable by witnesses. It was answered, That the suspender having granted a bond in the first husband's time, and promising in her viduity to pay it, without quarrelling the nullity, the witnesses were receivable, in respect of the adminiculation of the writ.
The Lords found, that seeing the bond was null, given by a wife stante matrimonio, her promise to fulfil it in her viduity was not probable by witnesses.
Fol. Dic. v. 2. p. 216. Stair, v. 2. p. 378.*** Dirleton reports this case:
A woman being pursued upon a bond, and having alleged that it was null, because she was vestita viro; the reply, That she promised payment after her husband's decease, though the sum was only L. 100 Scots, was found not to be probable by witnesses.
