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The wife of a husband being infeft in her conjunct-fee lands, the husband dying after the Whitsunday, and before the Martinmas, the lands wherein she was infeft being sold by the husband, after the infeftment, and she pursuing the buyer for the half year's duty of the lands, as well for the half of the duty paid for the grass, as for the duty paid otherwise for the lands, the same being let by him who had bought the same from her husband for a silver duty, to be paid for the hay and grass at Whitsunday, and for a victual-duty to be paid of that same crop, at the ordinary terms of paying victual, and the said silver-duty being paid to the heritor at the Whitsunday before her husband's decease, before which time the hay was mown, it was nevertheless found, That albeit he was only singular successor to her husband in the right of the lands, who was convened, and that the tenant of the ground was not convened, nor yet the husband's heir, and albeit the Whitsunday's term duty was paid before, as said is, yet that the relict, by virtue of her right, had action against the singular successor for the whole half of any duty paid for the lands, albeit her husband deceased after the whole Whitsunday's duty was paid for that whole year's grass; and that the whole half duty of these lands was due to her, seeing the husband died before the Martinmas; for that Whitsunday interrupted is counted for the next year's duty, and not for that year wherein he died.
Act. Craig & Stuart.Alt. Aiton.Clerk, Gibson.
Durie, p. 415.
