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The Lords, after two terms for proving the libel, admitted this poor man to a defence, and found this defence relevant, that not so much as a tack for a year could be proved by witnesses, because it was a promise; and where the contrary is found, it is only in this sense, that the duty of a year's tack may be proved by witnesses, when the tacksman enters to possession.
Fol. Dic. v. 2. p. 231. Fountainhall, MS.
*** A similar decision was pronounced, 26th November 1628, Bruce against Bruce, No 7. p. 3610, voce Ejection.
