Scottish Court of Session Decisions

Subject_1 NON-ENTRY.
Subject_2 SECT. IV.

Full Mails not due from Citation, where the Defender has a colourable Excuse.

Rolland
v.
His Vassal

Date: 19 March 1554
Case No. No 33.

No non-entry was found due where the vassal was taken prisoner by the public enemy, and remained prisoner all the time libelled.

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Anent the action pursued by the Laird of Rolland against his free tenant, for non-entries of his lands holden of him, it was alleged by the said tenant, That the said Laird's father was slain at Pinkie, by reason of the which the said lands came in non-entries, and the gift thereof disponed to the pursuer, by reason of the act of the field foresaid, at the which the defender was taken prisoner, and holden thereafter long in England, in which time he might not pursue his action to compel the superior to enter to the superiority of his lands, nor yet might enter himself to the same, for the causes foresaid; wherefore the said pursuer had no just action to pursue the said non-entry during the space that the said defender was prisoner, as said is; which allegeance and exception was admitted, and absolvitor given to the said defender against the said pursuer.

Fol. Dic. v. 2. p. 6. Maitland, MS. p. 114.