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The Earl of Southesk pursuing Maxwell of Hills for a dry multure, payable out of his lands to a mill belonging to Southesk in Annandale, which he had apprised for cautionry, he declared on oath, that he had possessed only 12 years, and had left it in the tenant's hands; yet the Lords advising this oath, found it debitum fundi, and decerned against him.
Fol. Dic. v. 2. p. 62. Fountainhall, v. 1. p. 487.
