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The Children of Captain Matthew Campbell and their Tutors, v John Campbell of Shawfield, Younger. [1725] Mor 16898 (4 February 1725)
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[1725] Mor 16898
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[1725] Mor 16898
Subject_1 WRIT. Subject_2 SECT. IV.
Instrumentary Witnesses.
The Children of Captain Matthew Campbell and their Tutors, v. John Campbell of Shawfield, Younger
Date: 4 February 1725 Case No. No. 125.
Witnesses found necessary to a bond of presentation.
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The said John Campbell, by his missive to the Captain wrote, “That whereas on his account the said Captain had given Mr. Leckie a release from prison for three months, he obliged himself, within the said time, to deliver him in the tolbooth of Edinburgh, or pay the sum due to the Captain by Leckie.” The defender having failed to perform in terms of his letter, the Captain's children, as having right from their father, pursued John Campbell for payment of the debt.
It was objected to the writ, That it was of the nature of a bond of presentation, and being neither holograph nor signed before witnesses, was null and improbative in law.
Answered: That it was rather of the nature of a missive or promissory note, which did not require any legal solemnities, and that missive letters were probative, though not holograph.
The Lords sustained the objection against the missive, but sustained a promise in the terms of the missive relevant by the defender's oath.
Act. Dun. Fortes.Alt. Alex. Hay & H. Dalrymple, sen.Reporter, Lord Cowper.
Edgar, p. 164.
