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In an action of spuilzie of vicarage-teinds pursued at the instance of Mr. Patrick Gaits, Minister at Bunckle and Preston, titular of the vicarage, against the heritor thereof, against which an exception was proponed upon a tack, set by the preceding Minister of some of the vicarage teinds, for the space of three years, during the setter’s life-time, and for the space of three years after his decease; and for proving of this exception, the tack of this tenor being produced; the Lords found it proved not the exception, for the years of the spuilzie acclaimed, which were the two years immediately subsequent after the decease of the setter of the said tack, because the first entry of the tack to the first three years thereof was appointed to be at Lammas, and so forth to continue, during the space therein contained; and the setter dying before the Lammas, which behoved to be the tacksman’s entry for these three years, set after the decease of the setter, they found that the said tack therefore could not be sustained to defend by virtue thereof against the spuilzie of any year after the setter ’s decease, he dying before the entry to that three years tack; which behoved to be ruled by the time of the entry first appointed to the first space of the tack, notwithstanding that the tacksman was ever in possession, during the setter’s life-time, from the date thereof, who survived thereafter a great space.
Act. Oliphant.Alt. Lawtie.Clerk, Hay.
Durie, p. 4.
