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Found, that a summons intented after expiring of a tack, for payment of a greater duty than is therein contained, doth interrupt tacit relocation.
Fol. Dic. v. 2. p. 426. Harcarse, No. 950. p. 268.P. Falconer reports this case:
In an action of count and reckoning, pursued by M'Brair of Netherwood against Romes, for extinguishing a comprising, as being satisfied within the years of the legal; the Lords found, That tacit relocation was interrupted after the expiring of a tack, by a pursuit for greater mails and duties than were contained in the tack, in regard the summons bore payment of the duty in time coming; and therefore the compriser was found accountable for the ordinary worth of the lands, as it was proved after citation upon the said summons.
