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Mr. Nicol Bannatine being heritably infeft in the lands of Newhall, redeemable upon 2,000 merks, set a back-tack to the Laird of Braid, disponer, for payment of 200 merks yearly. After Braid had disponed the same lands to John Scot, Mr. Nicol raised summons against John Scot, and the tenants and possessors of Newhall, to hear them decerned to make payment to him of the by-gone back-tack duties, and to find caution in time coming for payment thereof, or otherwise to remove. Alleged, They could not be convened for payment of the back-tack duties, personali exceptione, but only Braid, to whom it was set, and his heirs. Replied, That ought to be repelled, in respect they are possessors of the ground, which is affected with the back-tack duty; so that whosoever is heritor or possessor must be liable thereto. The Lords repelled the exception.
