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Cant having pursued a poinding of the ground of the lands of Thurstane, for payment of an annualrent wherein he, stood infeft; and Aikman having alleged, That he ought to have the benefit of a possessory judgment, being infeft in the property of the saids lands, and seven years in possession; the Lords found, that a possessoty judgment was only competent in the competition betwixt two rights of property; but that it was not competent to be proponed against a right of annualrent, that being a right of another nature, and which was compatible with a right of property and possession by virtue thereof: But whether the tenants should be any further liable than for what was in their hands the time of the citation, they ordained that to be heard in their own presence.
P. Falconer, No 44. p. 24.
*** Harcarse's report of this case is No 23. p. 10633, Sect. 3. h. t.
