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If goods be poinded, and suffered to remain in the possession of the debtor, he deceasing, another creditor pursues the defunct's relict, as intromitter with the defunct's goods and gear, intromitted with by her, he may not allege, that it was gear poinded bybefore her husband's decease, and only suffered by the said,who poinded the same, to remain in his house, under his tolerance; because a tolerance presumes a transaction.
