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The good-man of Raploch seeking a decreet of poinding of the ground of the lands of Letham, by virtue of an infeftment of annualrent which he had acquired out of the said lands; the tenants excepted, That he could not pursue by virtue of his wadset, because he had since taken an infeftment of the property of the same lands under the redemption of 2700 merks, in which sum was contained the former, whereupon he had obtained the wadset. The Lords found, That the acceptation of a new right did exclude him from making use of the former, as long as the last was not quarrelled; but if he were put from it, that he might have recourse to his former right of wadset.
Fol. Dic. v. 1. p. 477. Spottiswood, (Dominium.) p. 83.
*** See Durie's report of this case, No 5. p. 1267, voce Base Infeftment.
