Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent Non-entry Duties
1673.
June.
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It is reported the Lords have found in an infeftment of annualrent, where the destination runs thus, the granterto pay annualrent as well not infeft as infeft; in that case the non-entry mails are only the blench or feu-duties. The reason whereof appears to be, because the creditor can ascribe what he has got to the said personal obligement, and not to the real right; but if it want that clause, then the annualrent, according to the received practique, being in non-entry, valebit seipsum. But our custom may deserve correction, where, upon a nicety of law, an annualrent falling in non-entry is entirely due to the superior, whereas equity seems to ordain that the superior's interest here should be no other than in other non-entries; all of them being unfavourable, and to be restricted. See more of this alibi.
