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The Lord Lauderdale having first acquired a gift of ultimus hæres, and thereafter a gift of recognition of the lands of Dudope, the creditors craved he might be liable in quantum lucratus by the gift of ultimus hæres, viz. for the rents uplifted by that title before obtaining of the gift of recognition.
Answered: The lands being now disponed by——, in his life-time, the ultimus hæres was unprofitable, and the rents fell under the recognition. The Lords repelled the answer.
