Found, that the King may enter brevi manu to any part of his annexed property, of which the feu is not lawful, without any warning or other order.
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The Laird of Creich pursued David Murray of Auchtermuchtie, master stabler to his Majesty, by ejecting him furth of the lands of Darne, pertaining to him in heritage.—It was alleged, That the defender ought to be assoilzied, because the said lands being a part of his Highness's annexed property of Fife, never lawfully set, after a lawful dissolution, for augmentation of his Highness's rental, it was leisom to the King brevi manu to enter to the possession of the same; and so the defender having the King's command committed the ejection.——It was answered, That the pursuer being heritably infeft, and he and his predecessors, by virtue of the infeftments, being in possession of the said lands above one hundred years, they could never be lawfully dispossessed without a warning, especially seeing the infeftments and rentals contained a feu-mail entered in the King's rolls, paid and made count of in the checker. Notwithstanding of the which allegeance, the Lords found the exception relevant, and assoilzied from the ejection.
