What if the payment or satisfaction be of that nature not to be proveable by witnesses? Qualified declaration. A party's subscription being referred to his oath, whether he can adject the quality that his obligation is conditional, when the deed bears it to be pure ? Where the terms of agreement are referred to oath, whether the quality of the endurance of the agreement, being for a limited time, is intrinsic or extrinsic?
Chrysties v. Chrystie
Date: 22 February 1745 Case No. No 34.
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Two brothers having agreed, by a written contract, to implement a deed of their father's, notwithstanding any nullities or informalities therein contained; the heirs of the one brother, who died, pursuing the other for implement, put it to his oath, whether he had not signed such contract?. He deponed affirmative; but adjected, that it was under a condition not contained in the contract, that the brothers should make mutual tailzies in each other's favour; under which condition he offered to implement the agreement. The Lords, found the quality adjected was extrinsic.
Fol. Dic. v. 4. p. 205. D. Falconer.
*** This case is No 41. p. 8437., voce Locus Poenitentlæ.
