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In an action betwixt the Laird of Schaw and Palmer, it was excepted, That Palmer should not remove, because he had a tack of the said lands for terms to come. He was urged to condescend when the tack was set, and for what duty, because the pursuer would offer him to prove that the defender had paid to him a greater duty, and so had in effect renounced his tack. It was answered, That he could not take away his tack by probation of witnesses. The Lords found that they would not receive that allegeance of paying of greater duty to prejudge the tack, unless it were proved by writ or oath of party.
