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Where the heritor intromits but with the two parts of the duty, the lady tercer cannot convene the heritor for her terce, except the heritor having intromitted with the tenants’ hail duties, at least with as meikle as the tenants were able to pay; in the which case, if the tenants be not responsal, the heritor and the lady tercer should part that which was gotten betwixt them pro rata.
