Subject_1 ANNUALRENT, INFEFTMENT OF. Subject_2 Whether an Annualrent-Right be a foundation for Mails and Duties?
E Annandale v. E Nithsdale.
Date: 20 July 1633 Case No. No 3.
Arrestment of mails and duties came to be sustained, laid on in the tenants hands, on the foundation of the annualrent right.
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The Earl of Annandale being infeft by the Earl of Nithsdale in an annualrent out of the lands of Glendinning, raises, upon his sasine, arrestment; and arrests in the hands of the tenants, the mails and duties addebted by them for the saids lands, and thereupon pursues the tenants to make the same forthcoming to him, for satisfying the said annualrent. And the tenants alleging, That such an action is a great novelty upon a sasine of an annualrent, to convene the tenants personally to pay the mails, and to arrest the same, there never being any preceding sentence, neither against the ground to poind the same, nor against the heritor, nor no other pursuit, but this upon a naked arrestment, raised upon a sasine, and against a third person who cannot be so convened, but are purchased periculo impetrantis, no party being heard nor cited thereto: Which allegeance was repelled, and the action sustained.
Act. ——Alt. Cunninghame.Clerk, Gibson.
Fol. Dic. v. 1. p. 45. Durie, p. 668.
