An infeftment of annualrent, clothed with 7 years possession, has the benefit of a possessory judgment.
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Some tenants of a tenement under the castle wall of Edinburgh, raised a double poinding against Robert Loch and Laurence Lockie, by whom they were doubly distressed for payment of their mails and duties. Loch alleged, That he was infeft in an annualrent of L. 4 out of the tenement, and by virtue thereof ten years in possession, by obtaining of a decreet of poinding of the ground against the heritor and tenants, and by poinding for the same annualrent, and uplifting thereof. Lockie alleged, That he was heritably infeft in the property of the said tenement, by a precept of clare constat, given by my Lord Haddington to him, who is superior of the same, as being templelands; arid as to the infeftment of annualrent and the possession foresaid, no respect should be had thereto, because it was null of the law, being an infeftment of annualrent out of a temple-tenement, to be holden in burgage of the King, by resignation in the provost's and bailies' hands, which could not be, the Lord Torphichin being superior thereof. The Lords sustained the allegeance for Loch, cloathed with ten years possession.
Fol. Dic. v. 2. 90. Spottiswood, (Mails and Duties.) p. 201.
