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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Dun v Town of Montrose. [1731] Mor 10732 (7 December 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor2510732-041.html
Cite as: [1731] Mor 10732

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[1731] Mor 10732      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. V.

Res meræ facultatis.

Lord Dun
 v.
Town of Montrose

Date: 7 December 1731
Case No. No 41.

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A right of constabulary which had been long in desuetude, and not exercised by any one act of jurisdiction for many more than 40 years, was found to fall by the negative prescription, and that it was not res meræ facultatis. See Appendix.

 Fol. Dic. v. 2. p. 99.

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/1731/Mor2510732-041.html