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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Butchart and Others v Alexander Mudie and John Rennie. [1781] Hailes 885 (13 June 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020885-0562.html

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[1781] Hailes 885      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRESCRIPTION.
Subject_3 Act 1597, cap. 83, does not apply to accounts between the master of a ship and its owners.

James Butchart and Others
v.
Alexander Mudie and John Rennie

Date: 13 June 1781

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

[ Fac. Coll. VIII. 94; Dict. 11,113.]

Braxfield. The triennial prescription has no concern in this case, Which relates to a common subject, as to which one of the proprietors acted as administrator.

President. The current of decisions has been, in terms of the statute, not to extend the triennial prescription, unless to things of the like kind with those specified in the statute.

On the 13th June 1781, “The Lords repelled the defence of triennial prescription.”

Act. J. Ramsay. Alt. W. Nairne. Reporter, President for Justice-CIerk.

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/1781/Hailes020885-0562.html