Full mails not due till declatator; unless the Superior be already in possession by ward.
Drummond v. Forrester
1587.
March. Case No. No 18.
In a declarator of nonentry, the Lords found, that, before decree, the retoured duty only was due, because before that, the tenants could not be warned to remove.
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John Drummond having pursued one Forrester, as donatar to the King, of the non-entries of two-seventh parts of the lands of D., lying within the barony of Carnock, to hear and see the said lands to be decerned into non-entries by so many years, since the decease of A. B., it was alleged, That the said donatar could seek no more for the years bygone, but the retoured mails according to the daily practique. It was answered, That the decree being obtained, it behoved to be extended to all things that came under the gift of nonentries, and the gift gives right to the whole profits of the lands, likeas, the heir might have had if he had been entered. The Lords found by interlocutor, that before the decree, there could be no more sought but the retoured mails, because, before the decree, the tenants could not be warned to flit and remove.
