Scottish Court of Session Decisions

Subject_1 NON-ENTRY.
Subject_2 SECT. III.

What are the Non-entry Duties before Declarator?

Douglas
v.
Feuars of Colburn

Date: 19 December 1554
Case No. No 27.

Where lands hold feu, no more is due for non-entry but the feu-mail.

Click here to view a pdf copy of this documet : PDF Copy

Anent the action moved by Mr Archibald Douglas, as donatar to the non-entries of Colburn, against the tenants feuars thereof, for the profits of the said lands during the time of the non-entries, it was excepted, That the feu-lands came not in non-entries; and giving that they came in non-entries, no farther profit should pertain to the superior but the feu-mails. It was decerned, That feu-lands were in non-entries, so long as no sasine was taken of the same, and no farther profit to pertain to the superior than the feu-mails, which the superior might poind for by reason of non-entries; but in case the lands be full, he may not poind, but call and pursue.

Fol. Dic. v. 2. p. 6. Maitland, MS. p. 221.