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Anent the action pursued by J. Stewart against——for violent ejection of him forth of certain lands, he having tacks to run, and being in possession, and produced his tack for his title, and certain witnesses to prove his possession. The other party excepted peremptorily, and took in hand to improve the tack, which was the said James's title. The said James alleged, That he was not obliged to produce any witnesses in the matter, in respect of the peremptory exception proponed by his party of improbation, and protested for a condemnator, in case the party improved not, which was admitted.
