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James Rae being infeft in an annual-rent of 400 merks out of certain lands pertaining to Sir John Ker, whereof he had but a base infeftment, pursues for the same: It is alleged by one who has comprised the lands, and was infeft holden of the superior, that his base infeftment could give no right except he proved possession and payment made to him of the said annual-rent by witnesses. It was contended, by the compriser, that the payment was only proveable by writ. The Lords found the contrary.
