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Scottish Court of Session Decisions >>
Lord Monteith v Tenants. [1582] Mor 8397 (#date May 1582)
URL: http://www.bailii.org/scot/cases/ScotCS/1582/Mor2008397-002.html Cite as:
[1582] Mor 8397
A verbal promise not to remove a tenant for a year, is relevant, and therefore probable, by witnesses.
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The Earl of Monteith, pupil, and his tutors, obtained a decree against certain tenants, to flit and remove, and desired letters conform to the said decree. Compeared one of the tenants, and alleged, That no letters ought to be granted against him, because the Laird of Fintry, tutor testamentar in the Earl's name, promised faithfully that the said tenant should not flit and remove for the space of an year. The allegeance being found relevant and admitted, it was alleged by the Earl's advocate. That the same ought only to be proved by writ; for the decree being in writ, nothing could be proved to take it away in toto vel in parte, by other writ quia nihil tam, naturale est quam unumquodque solvi eo genere quo ligatum est. It was alleged by the other party, That the promise of an year's tack might be proved by witnesses; which was found relevant by interlocutor of the Lords.
