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Scottish Court of Session Decisions >>
Douglas v The Town of Jedburgh. [1661] Mor 10889 (18 July 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor2610889-145.html Cite as:
[1661] Mor 10889
What Title requisite in the Positive Prescription.
Subject_3 SECT. XI.
What Title requisite to the Prescription of annual Duties and Prestations?
Douglas v. The Town of Jedburgh
Date: 18 July 1661 Case No. No 145.
Forty years possession found to give right to a Sheriff to exact so much for the Sheriffsgloves.
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Sir Archibald Douglas being heritable Sheriff of Roxburgh, pursues the Town of Jedburgh for the sum of L. 60 yearly for several years due for Sheriffgloves, and whereof he and his predecessors has been in possession past memory of man. It was alleged, There was nothing produced to make the defenders liable in payment of the Sheriff-gloves; and use of payment is not relevant to make liable, except the pursuer would condescend that he had right to the Sheriff-gloves.——The Lords repelled the defence, and sustained process for the Sheriff-gloves, the pursuer always proving his immemorial possession. See No 149. p. 10892.
