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Upon report, it was debated among the Lords, whether a decreet of poinding the ground should interrupt prescription of an annualrent right, being only against the tenants, the heritor not called. Some were of the opinion, that the decreet being null, nullum sortitur effectum. Others thought, that prescriptions being odious, talis qualis, and any act of interruption was sufficient; and as prescription may be interrupted by any deed of molestation of tenants, being a natural interruption, so it may be interrupted civilly by a pursuit against the tenants.
The Lords did not decide the question, but thought flt to advise further.
