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A non-entry subjoined to a gift of ward, marriage and relief, will last but three terms after the expiry of the ward, And albeit the gift of the ward and marriage have been unprofitable, yet a non-entry taken after that manner will not subsist as if it were taken originally.
Fol. Dic. v. 1. p. 350. Haddington, MS. No 1798.*** Kerse reports the same case:
In an action of declarator of non-entry pursued by John Livingston for the lands of Dunwiddie, contra Archibald Maxwell of Cowhill, it was found, that a gift of ward and non-entry granted to John Livingston of Abercorn, to the decease of Sir Robert Maxwell of Dunwiddie, could be no further extended but to the non-entry of the terms after the majority of John Maxwell, apparent heir of the said lands.
This same was decided of before betwixt the Duke of Albany, now Duke of York, and the Earl of Morton, concerning the non-entry of the ward of the living of Buchan.
