In modifying the double avail of marriage, the present rent of the lands found to be the rule.
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In an action of declarator pursued by my Lord Privy Seal, against James Maitland, for the double avail of his marriage, the Lords found, that the rental of the defender's living, which was used as a part of the pursuer's libel, behoved to be set down expressly in these terms, “whilkis lands payed and pay,” and would not sustain the libel in these terms, “whilkis lands were worth,” because the defender offered him to prove, that before the gift, and continually since, the lands were set for a less duty than was libelled.
