Non-entry duties how ascertained. - In what holdings does Non-entry take place. Takes place until actual infeftment. But not if the superior be in mora.
Laird of Powrie v. Margaret Smith, &c
1687.
July. Case No. No 15.
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In a declarator of non-entry against a compriser, it was alleged for the defender, That he had charged the pursuer to enter him, and he suspended; and the land must be reputed full since the charge.
Answered; The defender ought to have offered a charter, with the bygone feu-duties, and a year's rent as a composition.
The Lords found the answer relevant.
Fol. Dic. v. 2. p. 5. Harcarse, (Non-entry.) No 736. p. 209.
