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A Bishop having set a 19 years tack of his tithes for a small duty, but a large grassum, after his conge d' cslire was come down for another bishoprick; and, after his translation, being charged for the grassum; it was objected, That the tack was null, as being granted after the setter ceased to be Bishop of that diocese. The Lords repelled the defence, and would not allow the defenders to quarrel their own right. This decision is observed a little differently by Lord Harcarse.
Fol. Dic. v. 2. p. 82. P. Falconer. Fountainhall. Harcarse.
*** P. Falconer's report of this case is No 3. p. 2496., voce Community; Fountainhall and Harcarse No 67. p. 7836., voce Jus Tertii.