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This defence against an heir's intromission, viz. That the father's relict had a liferent tack of the lands, and by her tolerance he intromitted, was found relevant; and the Lords declared, That the tack being proved by writ, the tolerance might be proved by witnesses against this party.
Fol. Dic. v. 2. p. 229. Durie.
*** This case is No 15. p. 5392. voce Heirship Moveables.