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In a removing pursued by the Laird of Sauchy against his Tenants, alleged for one of the defenders, That he had a tack of the same lands, for terms to run the time of the warning, set to him by the pursuer. Replied, That tack contained an irritant clause, that in case the defender should fail in payment of his tack duty, during the space of a year, it should expire, and that without any declarator. Yet the Lords found it behoved to abide a declarator.
Fol. Dic. v. 1. p. 488. Spottiswood, (Removing.) p. 283.
