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In a pursuit against certain Vassals, holding their lands in feu, for payment of their feu-duties, which were craved by that summons, both personali actione, and also to hear the ground poinded therefor, and the defenders alleging, that their rights of these lands being real, and the feu-duties really subject to be paid out of the ground, and for which the ground might be poinded by the superior, the Vassals were not subject, neither could be convened personaliter to pay the same, seeing they were not personally obliged thereto. This allegeance was repelled; and process and action also was sustained against the feuers, for decerning of them personally to pay the same, and that charges of horning might as well pass against them therefor personally, as decreet to poind the ground.
Act. Mowat.Alt. Gilmore.Clerk, Gibson.
Fol. Dic. v. 1. p. 296. Durie, p. 624.
