An action of ejection sustained, after three years, to the effect of restoring to possession, and for payment of the ordinary rent during the defender's possession.
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An ejection being pursued by Walter Hay contra Mark Ker, and the action, in so far as was pursued by ejection, being elided by the act of Parliament 1579, anent prescription, because it was not pursued within 3 years after the deed libelled; the Lords nevertheless sustained the action for restoring of the pursuer to the possession of the land, and for payment of the ordinary duty to him which he was in use to receive from the tenants of the lands the years before the ejection, and of all the years since the defender entered to the lands; and so the pursuer passing from the pursuit, so far as concerned any violent deed of ejection, or higher profits of the lands, and converting the same to an intrusion in the pursuer's possession, and pursuit for the ordinary duties therethrough for years bygone, and restoring of the possession of the ground thereafter, the action was sustained. (See Process.)
Act. Hope & Lermonth.Alt. Nicolson & Ayton.Clerk, Scot.
Fol. Dic. v. 2. p. 118. Durie, p. 292.
