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Even after the act 6th, Parl. 1621, an appriser is only liable to account for actual intromissions, and not for what he might have intromitted with; for he is not bound to intromit with any more than he pleases, or to do diligence.
Fol. Dic. v. 1. p. 236. Durie.
*** See This case, No 1. p. 314.
*** The like was decided in a case, Tutor of Balmaghie contra Maxwell, 16th January 1634, No 2. p. 283.
