BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Ross v Patrick Elliot. [1627] Mor 11228 (25 July 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2711228-404.html
Cite as: [1627] Mor 11228

[New search] [Printable PDF version] [Help]

[1627] Mor 11228      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION XV.

Interruption of the Negative Prescription.
Subject_3 SECT. I.

What diligence sufficient. - Effect of partial interruption.

William Ross
 v.
Patrick Elliot

Date: 25 July 1627
Case No. No 404.

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

In an action of registration pursued by William Ross against Patrick Elliot, to hear and see a bond of 100 merks granted by the defender's father anno 1584 30th May, to the pursuer, registered against him as heir to his father; excepted, That the bond was prescribed, in respect that the summons was dated the 28th of May 1624, two days allenarly before the expiration of 40 years, and the day of compearance was long after. Replied, That this citation was a sufficient interruption. The Lords found the exception relevant.

 Spottiswood, (De Præscriptione & Usucapione.) p. 236.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2711228-404.html