A superior cannot insist against an intromitter for the feu-duty of more years than those of his intromission. But by-gone feu-duties may be followed out by poinding of the ground, against singular successors.
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A Pensioner having a pension granted to him, by the Bishop of St Andrews, and the feu-duty of some lands payable by the feuer to the Bishop, being assigned to the pensioner, for payment of the pension, whereupon the pensioner having charged the present feuer of the land, who had lately bought the same from the old feuer, for payment of the said feu-duty, resting unpaid diverse years before he had acquired the feu; it was found that the pensioner could not charge by any personal charge, or execution, the said feuer, for payment of the said feu-duties, of any years owing before the acquiring of his right, but prejudice to seek the same really against the ground, by poinding, or otherwise: Likeas the pensioner, July 8. 1629, pursuing for poinding of the ground, for the said feu-duty owing before that singular successor obtained the right of the lands; it was then found, that the ground was poindable for the years, not only since he acquired his right, but also for the years preceding, and that there was no necessity to pursue him who was then heritor, for payment of the same.
Act. ——Alt. Rollock.Clerk, Scot.
Fol. Dic. v. 1. p. 296. 297. Durie, p. 442.
