Payment and Consignation how relevant to be proved.
John Crichton v. Robert Maitland
Date: 26 January 1630 Case No. No 143.
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In an action of poinding of the ground for an annualrent of ten merks, owing many years, pursued by John Crichton against Robert Maitland of Eccles, the defender having proponed an exception of payment for the years libelled, the Lords found, That as the annual was constituted by writ, so it should be taken away that same way, by discharges only, and not by witnesses.
1632. July 4.—The same was found between John Dalrymple of Waterside and the Laird of Closeburn, that an annualrent of a certain sum extending but to L. 44 or thereby yearly, for the space of nine or ten years, which was alleged to be paid, could only be taken away by writ or oath of party, although it was but a mean sum.
Spottiswood, (Probation.) p. 247.
*** Durie's report of this last case is No 174. p. 9856. voce Passive Title.
