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In an action of poinding of the ground, for a yearly ground rent of 400 merks, at the instance of James Ross, the defence against his sasine being that it was null, being base and not clad with possession, against him who was infeft publicly, and a singular successor to the author of the pursuer's right; this exception being elided by a reply, That the pursuer was in possession of receiving of the annualrent foresaid, conform to his sasine, which supplied the baseness of the right; and this reply being admitted at the term of probation, the Lords found, That this possession might be proved by witnesses, for albeit it tended to burden the land with that annualrent, which, the defender alleged, could not be done by witnesses, yet it was repelled, seeing it tended to corroborate the right, which was constituted by writ.
Act. Belshes.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 4. p. 225. Durie, p. 491.
