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In the action pursued by the Bishop of Dunblane against ——, for reduction of a feu, for not payment of the feu-mails by the space of three terms, it was excepted, That he had received a part of the feu-mails, albeit not complete payment of the terms libelled, and therefore had prejudged himself by his own deed, so that he cannot now have action to the reduction of the feu; which exception was found relevant.
