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It was found by the Lords in an action of removing, pursued at the instance of James Maxwell, donatar to the forfeiture of the last Lo. Maxwell, and who thereby was infeft in certain of his lands, against the L. Westraw, that the trial prescribed by the act of Parliament in August 1584, anent the forfeited persons being in possession of the lands disponed by the King, by the space of five years, might be deduced when litiscontestation was made in the cause; and that such trials and precognitions needed not to precede the intenting of the action.
