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Lethem being pursued on a contravention of a clause of warrandice, contained in a contract of alienation, he offered to repone the pursuer in his own place, and refund expenses.
Answered for the pursuer: That res was not integra, he having in contemplation of that bought in another prior right.
The Lords sustained the defence of reponing, &c.
Harcarse, No. 1018. p. 289.
*** The like defence was sustained for Sir John Sinclair against Lord Southesk, June, 1687. Ibidem.
