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Scottish Court of Session Decisions >>
Adam Ainslie v George Gladstanes. [1665] Mor 11232 (5 July 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2711232-410.html Cite as:
[1665] Mor 11232
What diligence sufficient. - Effect of partial interruption.
Adam Ainslie v. George Gladstanes
Date: 5 July 1665 Case No. No 410.
Found in conformity to Butter against Gray, supra.
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Adam Ainslie pursues a summons of registration against George Gladstanes, as representing his father, Walter Gladstanes, for payment of a debt. This summons being raised in anno 1650, and executed by a Sheriff in that part, and wakened in anno 1664, and then called; it was alleged, No process because the debt was prescribed, nothing being done thereupon by the space of 40 years. It was replied, That the pursuer had raised his summons in anno 1650, and executed the same; and albeit they were not called till 1669, yet the first summons being within the 40 years, albeit not called since they were executed, was sufficient to interrupt the prescription. The Lords found the prescription sufficiently interrupted by the first summons, and execution of a Sheriff in that part, the same being truly executed.
