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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Kinghorn v Strang. [1630] Mor 10773 (4 February 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2610773-070.html
Cite as: [1630] Mor 10773

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[1630] Mor 10773      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION II.

Positive Prescription of forty years.
Subject_3 SECT. I.

Act 1594, cap. 218. - Effect of the Positive Prescription on a jus crediti, over the Subject acquired.

Earl of Kinghorn
v.
Strang


Case No. No 70.

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

By analogy of the statute 1594, cap. 218. a decree at an assignee's instance, with a comprising and infeftment following upon it, being sought to be reduced for want of the assignation; the Lords, in respect that the appriser had been in possession for 48 years without interruption, found no necessity to produce the assignation.

Fol. Dic. v. 2. p. 102. Durie.

*** This case is No 35. p. 6630. voce Improbation.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor2610773-070.html