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Earl of Kinghorn v Strang. [1631] Mor 9304 (19 July 1631)
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[1631] Mor 9304
Full mails not due till declatator; unless the Superior be already in possession by ward.
Earl of Kinghorn v. Strang
Date: 19 July 1631 Case No. No 22.
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The superior before declarator has only right to the retoured duties, except three terms immediately subsequent to the ward; for which three terms the non-entry was found to be of the nature of the ward, and therefore that the superior might seek them without declarator of non-entry, just as he might do during the ward without any declarator.
Fol. Dic. v. 2. p. 5. Durie. Auchinleck.
*** Durie's report of this case is No 5. p. 96, voce Adjudication; and Auchinleck's No 2. p. 5113, voce Gift of Non-entry.
*** A similar decision was pronounced, 23d March 1622,. Lesly against Lesly, No 9. p. 9289.
