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A missive letter being founded on per modum probationis by the pursuer, and excepted against as improbative, not being holograph, an act was pronounced for proving holograph, the result of which was, that the verity of the subscription was astructed, but no proof that the letter was holograph; and the pursuer then recurring to another plea, that the letter was probative, though not holograph, which he alleged he might do, because competent and omitted cannot be opponed to pursuers; the Lords found it still competent to the pursuer to be heard upon this point, that the verity of the subscription being proved, it is sufficient to support his claim, without proving holograph. See Appendix.
