Scottish Court of Session Decisions

Subject_1 HEREZELD.

L Affleck
v.
Mathie

Date: 20 March 1629
Case No. No 7.

Receipt of herezeld entitles the heir to possess for an year.

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In a removing, the receipt of an herezeld from the eldest son of the father, who was liferentaller of the land, is sufficient to save the payer from removing from that land for a year after the rentaller's decease. Item, a promise not to remove, made by the pursuer, may be proven by witnesses, to save the person to whom the promise is made from removing, for the space of a year only after the promise; and if it be proponed for longer space, it must be therewith alleged; that the promise was then accepted, and must only be proven scripto, or by the oath of the maker of the promise. See Proof.

Fol. Dic. v. 1. p. 377. Durie, p. 439.