|
38 ACCOUNT.
And, altho' such a probate will be accepted to
an account which is proved in time, yet should
the account not be fully proved, the oath of an
indifferent person must be obtained, to strengthen
such probate.
|
Debts proved
by indifferent
testimony. |
If the debt due on account is not fully
proved, nor in time, yet, if the debt can be
proved by the oath of any indifferent person.
together with a deposition by the creditor, that
the debt is just and true, and that he hath not
received any part thereof, &c. with his receipt
thereon, it is a sufficient voucher.
|
By the
debtor's
books. |
When it happens that the deposition of indifferent
witnesses cannot be obtained, to prove
the legality of an account not fully proved, or
not proved in time, it is sufficient that the same
appear to have been contracted by the books or
papers of the deceased debtor, with the executor's
or administrator's personal knowledge of
the rectitude thereof, so that they may be able
to swear to that effect; an account so circumstanced,
with the creditor's deposition and receipt,
as above directed, may be allowed; for,
on a suit in equity, recovery might be had in
such case on a discovery, and it is reasonable,
that an executor or administrator, should, on |
|
 |
