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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1589] Mor 10717 (00 1589)
URL: http://www.bailii.org/scot/cases/ScotCS/1589/Mor2510717-024.html
Cite as: [1589] Mor 10717

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[1589] Mor 10717      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. III.

Of the Act 28. Parl. 5. Jas. III. 1469, which enacts, that “Obligations” not followed out within 40 Years shall prescribe.

A
v.
B

1589.
Case No. No 24.

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

There was an obligation sought to be registered, which contained the discharge of a reversion, and to make lands redeemable. It was alleged, That it was 50 or 60 years since the making of the said obligation, and so, according to the act of Parliament, prescribed. Answered, That because the obligation and bond thereof were heritable, et sapebant naturam hæreditatis, it could not be comprehended under the act, and so was found by the Lords.

Colvil, MS. p. 441.

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/1589/Mor2510717-024.html