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In a removing pursued by the tutor of Balmagie against John Maxwell of Meikle Cocklick, the pursuer's title being a sasine upon a comprising; alleged, No removing upon this sasine, because he offered to prove that the pursuer was completely satisfied of the whole sums, principal and annualrents contained in his comprising, by intromission with the mails and duties of the foresaid lands, and that long before the expiring of the legal, so that he must count and reckon ante omnia. Replied, This exception of payment not competent in the removing, neither can be received to, delay the pursuer, especially the legal having expired above twelve years since. The Lords found the exception relevant and admissible hoc loco, as had been done in the like cases before.
