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One Weddel having comprised James Ogilvy's lands, and being infeft therein by the Earl of Finlater's precept, who was superior; wherein it was provided, that that entry should be without prejudice of the Earl's right to the land, by the vassal's rebellion; upon this infeftment, removing being pursued, the Earl compears and propones, that the vassal was year and day at the horn, therefore in respect of the provision foresaid, the pursuer cannot pursue removing, seeing he accepted the precept, with that clause. The Lords repelled this allegeance, in respect there was no declarator obtained of the vassal's liferent.
