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An inhibition being raised upon the dependence of a pursuit for mails and duties, for three years preceding the summons, and in time coming during the defender's possession, it was thought that the inhibition relating only to the summons as to the three years preceding, without mention of the subsequent years, could not be a ground of reduction ex capite inhibitionis, in respect the defender in that pursuit was assoilzied as to the years before the summons, as being bona fide possessor; and albeit the summons was not only for these years, but for the time to come, as said is; and the defender was decerned to pay mails and duties for certain years after the summons; yet the lieges were not obliged to take notice of the summons, but as it was related in the inhibition.
The Lords were of this opinion; but the case was not decided, the pursuer having desired up his process that he might be better advised.
Adv. Oliphant & Sir Robert Sinclair.
Dirleton, No 36. p. 15.
