If you found BAILII useful today, could you please make a contribution?
Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.
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
Click here to view a pdf copy of this documet : PDF Copy
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.