Scottish Court of Session Decisions

Subject_1 CAUTIONER.

Campbell
v.
M'Lachlan

1752, June 4.
Case No. No. 22.

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Campbell threatening to detain the stocking and effects of one of his tenants that was removing, for arrears of rent and other debts, M'Lauchlan, a friend of the tenants wrote to Campbell, and engaged himself for the tenant for whatever they should agree, and thereupon Campbell let the tenant's goods go In a process against M'Lauchlan, wherein a proof before answer was brought by witnesses, that he subscribed the letter, because it was not holograph and he denied that that was the letter he subscribed, though he owned the signing a letter written by the same person engaging for the arrears of rent, but not for the other debts,—we found that mean of proof competent, because we considered it as a bargain for moveables which is proveable by witnesses.— Sed renit. Kilkerran, Karnes, et aliis;—and we repelled the objection that the tenant had come to no agreement with his creditor, for that we considered as only meaning the settling of what was justly due, which, was pars judicis; but in this the President alone was against the interlocutor.