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Mr. William Oliphant pursues ——— Gilbert for spuilzie of his teind crop 1628 of Strawbrock, whereunto Mr. William is made assignee for the life-time of Michael Balfour, and for the life-time of two heirs, and two nineteen years tacks thereafter. The tack is set to the person with consent of the Provost and rest of the Prebenders of Kirkheugh, and with consent of William Earl Marishall, and the said Mr. William Oliphant, patron of the said Kirk of Strawbrock, alternatis vicibus. The tack has no entry, and is dated 19th June, 1617. It was alleged for the defender, no process upon this tack, because it is null in respect it wants an entry. To which it was answered, that no entry being expressed in the tack, it must be conferred to the time and date of the tack, in respect by virtue thereof the said Mr. William, assignee to the tacksman, has apprehended possession ever since the, date of the tack, and the party defender alleged no right in his person of the said teinds. The Lords repelled the exception in respect of the reply.
Auchinleck MS. p. 233.
*** Durie’s report of this case is No. 216. p. 11435. voce Presumption.
