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Scottish Court of Session Decisions >>
George Stuart, and his Tutor, v John Hill, Merchant, in Greenock, and Others. [1712] Mor 11039 (24 January 1712)
URL: https://www.bailii.org/scot/cases/ScotCS/1712/Mor2611039-235.html Cite as:
[1712] Mor 11039
Septennial Prescription of Cautionary Obligations, by act 5th Parl. 1695.
Subject_3 SECT. IV.
Effect of diligence during the seven years.
George Stuart, and his Tutor, v. John Hill, Merchant, in Greenock, and Others
Date: 24 January 1712 Case No. No 235.
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In the action at the instance of George Stuart, and his Tutors, against John Hill and others, the Lords found, that executing a summons is not sufficient to found interruption of prescription, the summons having fallen and expired through not being tabled or called within year and day.