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In a process of removing at the instance of a singular successor, the tenant excepted upon the former proprietor's holograph rental book, wherein he was inserted as rentalled during his life, and offered to prove, that, by the custom of the barony, this was understood to be equivalent to a formal rental. The defence was repelled, for though this might bind the master, it was no obligation upon the tenant to continue in his farm for life; and so, not being a real right, could not be good against singular successors.
Durie. Kerse.
*** Durie's report of this case is No. 24. p. 7191. voce Irpitancy.
*** Kerse's report is No. 44. p. 15187. voce Tack.
