[1592] Mor 9218
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. VII. Possession must be restored at the termination of the Right.
Date: Mr William Leslie
v.
Tenants of Newabbey
30 November 1592
Case No.No 71.
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Mr William Leslie pursued certain Tenants of the Newabbey, to remove at his instance, who was lawfully provided to the benefice, and had obtained letters conform to his provision and decreet, ordaining all and sundry the tenants to make him payment. It was excepted by the tenants, That they could not be decerned to remove at his instance, because they bruiked as tenants to Mr Gilbert Brown, abbot, provided and in possession long before him. It was answered for the said Mr William, That the exception should be repelled, because he offered him to prove, that he was in possession by virtue of his title, by uplifting of the mails and duties of these same lands from the same defenders; which was found relevant by interlocutor.
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