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Some lands being wadset by the heritor thereof, and because they were life rented by another than the heritor, therefore in recompence and excambion thereof, the heritor having set a tack of other lands to the wadsetter, to be bruiked so long as the life-renter of the wadset lands lived ; which tack contained no duty therein insert to be paid therefore; after the decease of the setter of this tack, his relict being served to the terce of the lands set in tack, and seeking removing therefrom; it was found, That the tack could not defend the tacksman, seeing it had no duty therein contained, albeit it was granted in recompence of the aforesaid wadset; seeing if it had contained any duty, the tercer would have had right to her proportion of the duty thereof, how little soever it had been.
Act. Baird.Alt. Mowat.Clerk, Gibson.
Fol. Dic. v. 2. p. 422. Durie, p.448.
