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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Douglas v Lord Herries. [1612] Mor 11228 (2 July 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor2711228-403.html
Cite as: [1612] Mor 11228

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[1612] Mor 11228      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XV.

Interruption of the Negative Prescription.
Subject_3 SECT. I.

What diligence sufficient. - Effect of partial interruption.

Sir Robert Douglas
v.
Lord Herries

Date: 2 July 1612
Case No. No 403.

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

The Lords found that a summons of removing raised within three years interrupts the prescription; notwithstanding it was alleged the said summons was passed from pro loco et tempore; and yet the Lord Herries could not have compelled them to have insisted upon the warning.

Kerse, MS. fol. 265.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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