Relief not due to the superior in an infeftment of annualrent.
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Somervell's father being infeft in an annualrent out of Somervell of Drum's father's land, to be holden of him and his heirs blench for payment of a penny; and the charges being executed upon the retour, as heir to his father, to enter him therein; and being suspended by the superior, that he could not receive him, while he paid id quod jure facore tenetur, as his retour bears, which he alleged to be two years duty of the annualrent itself, seeing it had no other extent, in respect the extent of the retour bore, quod seipsum valet, being an annualrent out of the lands, and therefore that the superior ought to have the double of the retoured duty, at the entry of the vassal, which was two years duty of the annualrent; this reason was not sustained, for the Lords founds that for the entry of the vassal, neither one nor two years duty could be craved by the superior, but only the blench-duty of the reddendo, therefore the letters were found orderly proceeded.
Act. Nicolson.Alt. ———.Clerk, Hay.
Fol. Dic. v. 2. p. 334. Durie, p. 506.
