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A pensioner to the Earl of Caithness having the duties of lands assigned in his pension to him; for satisfaction whereof, having obtained a decreet and letters conform against the Earl, granter thereof, and against the tenants of the lands assigned, and conform thereto being diverse years in possession of the duties from the tenants; thereafter the lands being comprised from the heritor granter of the pension, which compriser was infeft by public infeftment, and in possession of the duties of these lands assigned, and he being convened by the pensioner for payment of the said duties to him the years intromitted with by the compriser; it was found, the said compriser was not holden to restore the same, and that the said pension being granted by a laick, and not by an ecclesiastical person, was not real, and did not affect the ground against a singular snccessor, but would only produce personal action or execution against the granter's self and his heirs, for the years since he was denuded of his heritable right by comprising and infeftment.
Act. Nicolson.Alt. Stuart.
Fol. Dic. v. 2. p. 55. Durie, p. 459.
