An arrester of bygone annualrents was preferred to a prior appriser of an infeftment of annualrent, the appriser having been in mora.
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The L. Saltcoats having arrested the mails and duties of a tenement of land pertaining to his debtor, and pursuing to make the same furthcoming, compeared one Brown, and alleged that he ought to have the said mails and duties, because he had comprised that tenement long before the arrestment, whereby he became in the heritable right in the land, and consequently ought to be preferred to be answered of the duties thereof.——The Lords prefer the arrester, by virtue of the sentence, notwithstanding that the comprising was also a sentence, and that it preceded the arrestment; because there intervened a great space betwixt the comprising, and before the arrestment, during the which whole space neither had the compriser obtained sasine, nor yet since was he seased; neither had he done diligence to recover sasine, nor used any other diligence all that intervening time, upon the comprising, without the which he could not be found to have a real right; and so repelled his allegeance founded upon his comprising.
