Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Carse v. Cunyghame
Date: 26 January 1671
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In this action the Lords Found, That albeit the genuine and natural action that flows from an infeftment of annualrent, is a poinding of the ground, and a decreet for the same; yet that an annualrenter might compear in a process for mails and duties pursued at the instance of other creditors, and be admitted for his interest, and take forth a decreet for mails and duties against the same tenants.
In this same cause, they ordained doctor Cunyghame to count and reckon with the pursuer, anent his intromission with the rent of the lands acquired; and that being done, they would give their answer upon all.
This was thought favourable for Carse, for what he has meddled with over and above the annualrent of the money, (which was L.26,000,) these fourteen years in the mails of these lands, it is feared he be ordained to refund it.
