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In an action of reduction pursued by the La. of Wedderburn against John Nisbet of Swansfield, for not payment of the feu-duty, first, The Lords would grant no action for the feu-mails preceding La. of Wedderburn's infeftment, who acquired the superiority from the La. of ———. Second, The Lords found, That the acquittance granted of the years of God 1604, 1605, and 1607, by David Home of. ——, factor and chamberlain for the Laird of Wedderburn, who was in use to uplift the mails and duties, was sufficient to induce a liberation of all bygone years, and so in effect found the factor's discharge might purge the clause irritant postquam cecidit commissio.
Kerse, MS. fol. 109.
*** See Haddington's report of this case, No 21. p. 6322. voce Implied Assignation.
