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In an action of poinding of the ground, Philip contra L. Rossyth, for an annualrent, wherein Philip was infeft, as heir to his father, and for all the years which were owing intervening, after his father's decease, and before the pursuer's service and retour, as heir to him; for the which years, he alleged, That his retour behoved to be effectual to him, and was to be drawn back to the time of his decease; and the defender alleging, That, for the intervening years, the annualrent was in non-entry in the heritors hands, and so could not pertain to the heir before he was retoured and seised:—The Lords found, that, by this action of poinding of the ground, the pursuer could not seek the ground to be poinded for these years, and assoilzied from this pursuit, without prejudice to him to seek the same otherwise, by any other lawful pursuit; and without prejudice of the defender's exceptions against the same, when it shall be intented, as accords of the law.
