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Sir Patrick Agnew being infeft in a wadset of a mill, grants a back-tack to the wadsetter, for payment of a certain duty, and for not payment of the tack-duty, pursues the tacksman, either to remove, or else to find caution for payment of the duty of the back-tack. Compears Corcaphie, who had comprised the said mill from the wadsetter, after the said wadset; and being admitted, alleged, That Sir Patrick can have no action of removing, till first his sasine were produced. To which it was answered, That he had to do now, only with his own tenant, who had taken a tack from him, and for not paying of his duty was pursued for removing, in which case he had no necessity to produce his sasine; which reply the Lords found relevant.
