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In a like case with Dunbar against Tenants, No 167. p. 12073, the Lords refused such an incident; but upon offer to make faith that the party at litiscontestation knew not that the persons were out of the country, a long day was assigned to the party user to lead all his probations of the exceptions, for which the incident was used, during which time he might execute his incident against all parties called therein.
