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L. Drummelzier having set a tack of teinds to John Murray of Halmyre, and obliged him to warrant the same, and the teinds being evicted by a decreet of spuilzie against Murray's tenants wherein the quantities were referred to their oath, and they holden as confest thereon; whereupon warrandice being sought by Murray against Drummelzier; it was found that the decreet of spuilzie was not a sufficient ground, whereupon warrandice might be sought for the quantities contained in the sentence, whereon they were holden as confest; but seeing that the quantities far exceeded the just avail of the teinds, they found that he ought to prove the quantities otherways by some other lawful manner.
Act. Cunninghame.Alt. Stuart.Clerk, Gibson.
Fol. Dic. v. 2. p. 347. Durie, p. 431.
