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The Lord Melvil pursues the Laird of Fairin, for warrandice of a disposition of certain lands and teinds, sold to my Lord by him, with absolute warrandice, and condescends that the teinds were affected with 13 bolls by a locality to the Minister in anno 1641. The defender alleged absolvitor, because this distress was known, or might have been known to the pursuer the time of the bargain, at least to his tutors who made the bargain. Secondly, there is no legal distress but voluntary payment made all the years bygone.
The Lords repelled the defence; and found, that seeing the distress by the stipend was unquestionable; payment made thereof without process, prejudged not, and that the pursuer's knowledge could work nothing, being then a pupil.
