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If a woman pursue the tenants of a land, wherein her husband died last vest and seised, for the third part of the mails and duties, her service without the instrument of kenning of terce is sufficient title to instruct her summons.
Auchinleck MS. (Terce) p. 328.*** Durie reports this case:
The Relict of Veitch of Dawick pursuing upon her service to her terce, the intromittors with the duties of the lands, for payment of the third of the duty to her; it being alleged, that she could have no action therefore upon the services used for her title, except she had been particularly kenned to the terce, and the instrument of kenning shown and produced, without which no process ought to be granted upon the service; the Lords repelled the allegeance, and sustained the process upon the title of the service produced; and found the kenning not necessary in this action, which was pursued for payment of the third part of the duties, payable for the land; whereas if the action had been real, as in removing, or for apprehending possession of the ground, the Lords eo casu would have found necessity for an instrument of kenning.
