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In an action betwixt the Bairns of Robert Dawling and Lord Balmerinoch, for payment of 400 merks, for the yearly mail of a dwelling-house set to the Lord Balmerinoch, pertaining to the said Robert and his bairns, and possessed by the said defender; the Lords found, that the condition anent the payment of that yearly duty of 400 merks, for the mail of the said land, ought to be proved by writ or oath of party, and was not admissible to be proved by witnesses, being in a matter above L. 100.
Act. Belshes.Alt. Lermonth.Clerk, Gibson.
Fol. Dic. v. 2. p. 231. Durie, p. 256.*** Spottiswood reports this case:
The Children of umquhile Robert Dawling pursued my Lord Balmerinoch for 400 merks of house-mail set to him by their father. The Lords found, that the quantity of the mail alleged extending to 400 merks yearly, could only be proved by writ (as former discharges) or oath of party.
