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The Lords refused to restrict the penalty in a lawburrows which was 1,000 merks to 200, (as was pleaded, because the master was not infeft, and so an unlanded gentleman,) because, though he was not infeft, he was an apparent heir to a freeholder who stood infeft, and so was liable to same penalty.
Fol. Dic. v. 1. p. 533. Fountainhall.
*** This case is No 5. p. 2911, voce Concursus Actionum.
