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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Dalhousie v Maule. [1782] Mor 11210 (1 March 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor2611210-384.html
Cite as: [1782] Mor 11210

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[1782] Mor 11210      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XIII.

Contra non valentem non currit Prsæcriptio.
Subject_3 SECT. III.

Whether a woman under coverture is to be considered as non valens agere. - The effect where there is a medium impedimentum to bar pursuit.

Earl of Dalhousie
v.
Maule

Date: 1 March 1782
Case No. No 384.

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

In the case of an entailed lease, the substitute heirs being considered as non valentes agere cum effectu, before the succession opened to them, it was found that prescription did not operate against them.

Fac. Col.

*** This case is No 175. p. 10963.

The subject Prescription is continued in Vol. XXVII.

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/1782/Mor2611210-384.html