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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> 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: http://www.bailii.org/scot/cases/ScotCS/1712/Mor2611039-235.html
Cite as: [1712] Mor 11039

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[1712] Mor 11039      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION VII.

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.

Fol. Dic. v. 2. p. 117. Forbes, p. 580.

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/1712/Mor2611039-235.html