Found in conformity with Cunningham against Laird of Buchanan, No 63. p. 8372.
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Robert Dickson, donatar to the escheat and liferent of Hannah Mure of Arionland, pursued ane special declarator of the rebel's liferent against the Earl of Galloway, alleged possessor of the lands and teinds pertaining to the rebel, be the space of many years. In the cause the Lords fand,
That he who is year and day at the horn, his liferent falls presently to his superior.
That a man being year and day at the horn, not entering to his predecessor's lands, hinders not thereby the superior to have the benefit of his liferent, as gif he was infeft.
Ane tack appointed to be given after the expiring of ane preceding tack, has not ane certain entry, unless the new tack either make mention of the term of the first tack, or that the first tack be produced.
Ane tack is valid, albeit the entry be appointed to be many years before the date.
The defender excepting upon ane tack of lands and teinds, and many years in possession be virtue thereof, albeit the pursuer reply upon ane tack long anterior, and yet not expired and continual possession be virtue thereof, and content that he should he preferred being in libello; nevertheless in respect of the great soume he paid very many years, the Lords admitted the exception for byganes, but prejudice of the pursuer's tack in time coming, as accords of the law.
Fol. Dic. v. 1. p. 557. Haddington, MS. v. 2. fol. 243.
*** See Muir and Ahannay against Earl of Galloway, No 33. p. 3638, voce Escheat.
