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Hucheon Monro, son to Monro of Tarlachie, and Monro his assignee, pursued the relict of Hucheon Ross to deliver to him twelve great cows and a bull, which the said Hucheon Ross had disponed to him, and in token thereof had delivered to him one of the cows, reserving the profits of the said cows to himself during his lifetime, and after his decease the said cows and profits to pertain to the said Hucheon Monro. It was alleged, That the pursuer's title could give him no action, being a disposition subscribed by one notary, where the party could write. The Lords considering that the disposition of so many cows might have been proved by witnesses, they sustained the summons for the cows and bull, but not for any profits preceding this decreet.
