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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain John Rutherford v Sir James Campbell of Aberukle. [1747] Mor 11273 (12 February 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor2711273-439.html
Cite as: [1747] Mor 11273

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[1747] Mor 11273      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XV.

Interruption of the Negative Prescription.
Subject_3 SECT. I.

What diligence sufficient. - Effect of partial interruption.

Captain John Rutherford
v.
Sir James Campbell of Aberukle

Date: 12 February 1747
Case No. No 439.

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

Letters craving payment, written to the defender within the three years, were found not to interrupt the prescription of an account, the words of the set being express, “that such action cannot be pursued after three years, unless proved by writ or oath of party.” See Appendix.

Fol. Dic. v. 2. p. 128.

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/1747/Mor2711273-439.html