BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Jane Lyle, Relict of George Dawling, v Mr William Crighton, Minister at Falkirk. [1694] 4 Brn 153 (13 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040153-0348.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Jane Lyle, Relict of George Dawling, v. Mr William Crighton, Minister at Falkirk
Date: 13 February 1694
Click here to view a pdf copy of this documet : PDF Copy
The Lords found he had the benefit of prescription, introduced by the act 1669, that actions for maills and duties, not insisted in by the space of five years after the tenant removes, shall prescribe, unless it be proven resting by writ or oath; and that these actions shall prescribe, if they be not wakened once in ten years. This poor woman had suffered it to lie over from the 1676 till the 1692, in regard Mr William Crighton's circumstances, till then, were but low. But the Lords thought the prescription introduced by that statute took place whether the tack was verbal or in writ.
