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An appeal was given in by the Lady Aboyne, now Lady Kinnaird, who competing on her liferent infeftment, it was replied, Offers to prove by your oath, you are paid of all bygones preceding 1709; and she deponing that she had received sundry partial payments from the factor, but could not particularly condescend on every article, this being ignorantia affectata in facto proprio et recenti, they held her as confest, and presumed she was paid all, and decerned against the Tenants; and she craving to cover them by an universal infeftment, the Lords repelled her allegeance; whereupon she gave in an appeal.
