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One Patrick Dundas, being confirmed executor to the goodman of Newliston, convenes George Brown, occupier of the lands of Philipston, and haver of some steilbow corn and straw due upon the said lands, given to the tenant by the said umquhile Dundas of Newliston, for payment of the prices thereof; and it being alleged, That the said steilbow corn and straw being set by the defunct to the tenant, for a conjunct duty for the said lands, with the said steilbow corn and straw, if the steilbow foresaid were taken from the tenant, the tenant could not pay that duty, conditioned to be paid by him for the ground; and the steilbow must pertain to the heir, or to him who succeeds to the land, by right from the defunct, as pars fundi, and cannot pertain to the executors of the said defunct; the Lords repelled this allegeance, and found this steilbow corn and straw pertained to the executors of the defunct, and neither to the heir nor to the successor in the right of the land; and did not respect, that thereby the rent of the lands should decrease; for the defunct had not set any tack, or other right in writ, to the tenant of these lands, with these steilbow goods, but only had verbally set the same from year to year, during the tenant's occupation; so that the set could not endure any longer than the setter lived; after whose decease the heritor might use the ground as he pleased, and the executor might seek the steilbow.
