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The Lords sustained a declarator for finding a tack null, ob non solutum canonem, although the tack wanted a clause irritant, unless the tacksman would purge by payment of the tack-duty betwixt and a certain day, and find caution for payment thereof in time coming.
Fol. Dic. v. 1. p. 488. Sir P. Home, MS.
*** The case is printed by mistake, No 288. p. 6076. voce Husband and Wife.