Found in conformity with Bailie against Somerville, No 3. p. 8398. In this case, the promise was, not to remove the defender for five years.
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Samuel Johnston, heritor of a tenement in the Watergate of Leith, pursues Alexander Logan, baxter burgess in Edinburgh, to remove from a victual or wheat loft thereof. Alleged, That the pursuer, for four lib. of fore run mail, received in anno 1608, promised not to remove the defender for five years. Admits the allegeance to be proven by oath of party; for the opponed another allegeance on the same promise by writ, which was also admitted.
Fol. Dic. v. 1. p. 561. Nicolson, MS. No 341. p. 236.
