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Scottish Court of Session Decisions >>
Mill v Skene. [1794] Mor 13081 (7 February 1794)
URL: http://www.bailii.org/scot/cases/ScotCS/1794/Mor3113081-026.html Cite as:
[1794] Mor 13081
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The lands of Waterston were separated from the barony of Fearn in 1713, in consequence of a minute of sale, by which the purchaser became bound to relieve the seller from a proportion of the cess. In 1722, these lands were purchased, and have ever since been possessed by the family of Skene of Skene. In 1766, the predecessor of Mr Mill purchased the barony of Fearn; and the latter, in 1792, brought an action against Skene, stating, that the valuation of Waterston had never been disjoined from that of Fearn, the proprietor of the latter having always paid the same quota of public burdens since, as before the sale; and concluding for repetition of bygones, and relief as to future payments. Skene, in defence, pleaded the negative prescription, and urged, That as a charter and sasine forty years back would have precluded the pursuer from claiming the property of the lands, it must equally preclude his claim to the payments demanded out of them. The Lords found, that the pursuer's claim of relief could not be lost by the negative prescription.
Fol. Dic. v. 4. p. 193. Fac. Col.
*** This case is No 22. p. 10715, voce Prescription.
