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Hay, assignee to the Lord Yester, pursued Cunninghame, vassal to the said Lord, to pay the duties of the lands since the year 1612, because the same were holden of him. It was excepted, That the defender's mother was infeft in liferent, confirmed by the Lord Yester, superior. It was answered, That the defender could not propone the exception, because, by his own retour, it was declared, that the lands were in ward since his father's decease. The Lords admitted the exception, because the inquest behoved to retour the lands to be in ward by the decease of the vassal, without respect of the life-renter's right, because she compeared not to produce it to them, and nevertheless the heir, who could not bruik the lands, could not be decerned to pay the duties.
