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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston of Corhead v Johnston of Newton. [1716] Mor 10732 (4 July 1716)
URL: http://www.bailii.org/scot/cases/ScotCS/1716/Mor2510732-040.html
Cite as: [1716] Mor 10732

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[1716] Mor 10732      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. V.

Res merę facultatis.

Johnston of Corhead
v.
Johnston of Newton

Date: 4 July 1716
Case No. No 40.

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In a declarator of non-entry, the superior, for his title, produced a charter under the Great Seal, dated. 1648, with a precept furth of the Chancery the same year, but without any infeftment till the year 1714, that the pursuer established a right to the said precept by a general service, and thereupon infeft himself by virtue of the act of Parliament 1693, giving force to precepts of sasine after the granter's and receiver's death. It was objected against this title, That the precept was fallen non utendo by the 40 years prescription. Answered, That it being meræ facultatis for the obtainer of a precept to take infeftment thereon or not, precepts cannot prescribe, which was sustained.

Fol. Dic. v. 2. p. 98. Bruce.

*** This case is No 6. 3170, voce Death.

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/1716/Mor2510732-040.html