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In a removing pursued by the Lord Bargenie, against Josias Stuart, who was one of the pursuer’s curators, for removing from the house of Bargenie; wherein an exception being proponed by the Laird of Dundas, who was admitted for his interest therein, founded upon a tack unexpired of that house, set to him by the pursuer with consent of his curators, and possession in the tacksman’s person; by virtue whereof, and that Josias bruiked by the tacksman’s tolerance; the Lords found, That the tack could not hinder the pursuer to remove that person who was once his curator; albeit it was alleged by the tacksman, that he had his tolerance, and that the tack secluded the pursuer to remove any person during the space thereof, of until it was lawfully taken away; and therefore repelled that exception founded upon that tack clad with possession.
