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Ker of Mersington having obtained a decreet of non-entry of the lands of Dalcorsie, with the tower and fortalice of the same, pursued Ker of the Shaw for delivery of the said house, upon six days warning. It was answered, that the pursuer had no action to pursue for delivery of the said house by that order, but it behoved to make warning for the same, or to apprise the lands and obtain sasine, and thereafter pursue for delivery of the house. To this it was answered, That the pursuer having the gift of the non-entry, and donatar to the same, was in place of the King's Majesty; and the King's Majesty, when any lands fall in ward or non-entry, whereof any fortalice or a house is a pertinent, may pursue and call for delivery of the said house upon six days warning; and now the pursuer having obtained a decreet upon the gift, in which the house is specified, the pursuer had good action to pursue by virtue of his decreet of non-entry, as if he had obtained the gift of a ward. The Lords being equally divided, it was voted and pronounced by the Lord Chancellor, that the order was good, and that the house might be delivered without any warning.
