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A party having made up a title by general service, as heir of tailzie to his brother, (the heir last infeft,) brought a reduction of a tack and removing from the lands on various grounds. Objected by the defender, The pursuer has no title to carry on this action; the property of the lands under lease is still in hæreditate jacente of the heir last infeft, and cannot be vested in the pursuer without a special service. The Court found, That the pursuer's general service is no sufficient title to pursue this action.
