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William M’Math, burgess of Edinburgh, having comprised umquhile James Nisbet's life-rent of his lands in Restalrig, pursued his wife and others for the mails and duties of the said lands of the crop 1621; wherein the Lords sustained the action for that whole year's duty and profits of that land, which it was worth, and would have paid if it had been let to farm, albeit the said James Nisbet died before the term of Martinmas in that year whereof the duty was acclaimed, and notwithstanding that a creditor of the said James Nisbet compeared, viz. Mr. William Forbes, who alleged, that the half of the duties could only belong to James Nisbet, and so consequently no more could pertain to the compriser of his life-rent; which allegeance was repelled, and the pursuit sustained for the whole year's duty, seeing the land was not let out for farm, but was laboured in mansing with the said James Nisbet's own goods, who lived until after the Whitsunday that year acclaimed; likeas, for that same reason, the Lords sustained the pursuit for the whole year's duty, albeit the summons was raised before the term of Martinmas, and so before the legal terms of payment.
