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Faldownside having comprised L. Bennerside's lands, pursues a removing against him, upon his sasine following thereupon, who compeared, and alleged, That the pursuer had passed from that comprising, in so far as for the same sums far the which that comprising was deduced, whereupon the pursuit was founded, and for other sums joined thereto, the pursuer had de novo comprised the same lands, and taken sasine thereupon, whereby the first comprising was, in effect, passed from and ceased. The Lords repelled that allegeance, and found, that, notwithstanding of the last comprising, which comprehended also the sums of the first comprising, the first was not taken away, but that the pursuer might use the same, and pursue thereupon.
Act. Belsbes.Alt. Stuart.Clerk, Gibson.
Durie, p. 6.
