Writs defective in Solemnities, Whether capable of Support, so as to furnish Action?
Katharine Wallace and Others, v. William Wallace
Date: 25 November 1782 Case No. No. 333.
A missive letter, not holograph, containing an obligation of relief, is not a ground of action, though the subscription be judicially acknowledged.
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William Wallace subscribed an obligatory missive letter, not holograph of himself, by which “he became bound to relieve Katharine Wallace of a cautionary engagement” incurred by her father for a third party. She having brough an action against him on that ground, he judicially acknowledged his subscription; but contended nevertheless, that by its wanting the statutory solemnities, the writing was null.
The cause was advocated from an inferior judge who had assoilzied the defender, when
The Lord Ordinary repelled the reasons of advocation.
The pursuer reclaimed to the Court; but their Lordships refused her petition, without answers.
Lord Ordinary, Braxfield.For the petitioner, G. Buchanan-Hepburn.
Fac. Coll. No. 70. p. 109.
