Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. VIII.

Privileged Writs.

Lord Leslie
v.
Laird Boquhen

Date: 12 February 1629
Case No. No. 205.

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A tack of teinds being let to the heritor, with this condition, That if he did sell the lands, the tack should be void; and the heritor having sold the lands, and the titular assigned the contract to a third party, who insisted upon the irritancy; a missive letter produced under the titular's hand, bearing his consent to the alienation of the land, was sustained, though without witnesses, as a good proof of his consent, even against the assignee, until the same were challenged in an improbation.

Durie.

*** This case is No. 493. p. 12604. voce Proof.