Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Alexander Gordon of Camdell, v. Angus Macpherson
1686.
January. Case No. No. 302.
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One having alleged that a bond, on which he was pursued, was null, as wanting witnesses, and not holograph; the pursuer offered to prove, by the defender's oath, that he subscribed the bond.
Answered: Non relevat, unless the pursuer could say, That the defender promised payment, or that the sum is resting owing.
