2. The terce takes place only where the marriage has subsisted for a year and day, or where a child has been born alive of it. No terce is due out of lands in which the hushand was not infeft, unless in case of a fraudulent omission. Cr. 423, §28; St. 2, 6, 16. The terce is not limited to lands, but extends to teinds, and to servitudes and other burdens affecting lands. Ersk. Pr. L. Scot. B. 2, t. 9, s. 26, 27; Burge on the Confl. of Laws, 429 to 435.