Click here to view a pdf copy of this documet : PDF Copy
In a declarator of recognition of ward-lands, which were wadset with a back-tack, for a sum under half the value; alleged for the defender, That till the back-tack be declared void, and brought to the case of a proper wadset, the back-tack duty only is to be considered as the burden. Answered, It is the vassal's contempt in disponing the whole lands, and not the value of the back-tack duty that infers recognition. The Lords repelled the defence.
Fol. Dic. v. 2. p. 314. Harcarse.
*** This case is No 40. p. 6437., voce Implied Discharge & Renunciation.
