[1591] Mor 9627
Subject_1 PART and PERTINENT.
Commendator of New-Abbey
v.
Tenants
1591 .November .
Case No.No 1.
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Mr william leslie, Commendator of the Abbey of New-Abbey, warned certain tenants that occupied certain yards and crofts of land within the precincts of the Abbey, to flit and remove. It was excepted, That they were tenants to one John Maxwell of Kirkconnell, and he had tack and assedation of the hail benefice, except the place of the kirk and the garder; and their master not being warned, they ought not to flit. Answered, That in so far as the defenders alleged that the place was excepted, all things that were within the precincts of the Abbey behoved to be excepted, and appertain to the place; which was found by the Lords, and so they repelled the exception in respect of the answer.
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