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In a removing, L. Muckall against his tenants, founded upon his sasine following upon a comprising from Philorth, first heritor of the lands, the Lords found, that a right set by the L. of Philorth to one of the defenders, before the comprising, of a part of the lands, for a certain sum then paid to Philorth, for the which he set to the excipient the said lands, to be instantly entered into, by the receiver of the right, and to be bruiked ay and while the sum were repaid, and which was clad with possession continually; yet could not defend against Muckall the compriser, albeit it would have defended against Philorth; and therefore repelled the allegeance proponed thereupon.
Act. Peebles.Alt. Baird.Clerk, Gibson.
Fol. Dic. v. 2. p. 423. Durie, p. 2.
