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The annailzier of a tenement of land, conform to a contract made in November, four or five days before the term of Martinmas, pursuing the buyer for the mail of that land, as possessor thereof for the term preceding that Martinmas before which the alienation was made, the contract neither disponing that term to the buyer, nor reserving the same to the seller, nor making any mention thereof, nor of the buyer's entry thereto, but bearing a procuratory of resignation therein, albeit sasine followed not till after the Martinmas, it was found nevertheless, That seeing the contract containing the said procuratory preceded the term, that the seller was denuded of his right, and could not pursue for that term's duty which was not complete before the said procuratory, nor yet reserved to him therein.
