A bond found to be holograph in which only the debtor's name, sum, and dates, were filled up with his own hand.
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Umquhile David Trench stationer, having granted a bond to Helen Sim for 4000 merks, she assigns the same to Mr. John Vans her oye, who thereupon pursued Malloch as executor to Trench, who alleged absolvitor, because the bond is null, as having but one witness, and not being holograph. It was answered, that albeit the whole words were not written with Trench's hand, yet the substantials of the bond were, viz. “I David Trench, stationer in Edinburgh,” and these words “of 4000 merks” twice repeated, “and £400 of penalty,” and the date, which are not like a single subscription not cognoscible by witnesses; but many tickets among merchants contain not so many words in all; so that one witness being semiplena probatio, the same might be completed by a probation far stronger than one witness, viz. many witnesses that knew the hand-writing, and who heard David Trench acknowledge himself debtor to Helen Sim. Likeas, there is produced a discharge granted by Helen Sim of a term's annual, paid to David Trench's wife, shortly after his death, who knew all his affairs, and kept his shop.
The Lords before answer having ordained witnesses to be examined, their oaths were this day advised, and the particulars aforesaid were found proved, and the bond was sustained.
The defenders did make no debate at the advising, and the Lords did remember that in Hartrie's testament, the body whereof was written with another hand, there were blanks for filling up some sums and childrens' names, which being proved to be filled up with his own hand, the testament was sustained without witnesses; and here there was one witness, and the particulars foresaid proved to be Trench's hand-writing, and the matter being betwixt Helen Sim and Trench, who are both merchant's-shop-keepers.
