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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Nithsdale v Ld. Westerhall. [1628] Mor 11075 (29 February 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2611075-271.html
Cite as: [1628] Mor 11075

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[1628] Mor 11075      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION IX.

Triennial Prescription.
Subject_3 SECT. II.

Summons of Error. - Warnings.

Earl of Nithsdale
 v.
Ld Westerhall.

Date: 29 February 1628
Case No. No 271.

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Although, by the acts 1494 and 1617, reductions of retours prescribe in 3 years, yet it was interpreted by the Lords to be only of reducing them for error or informality of the process; but as to improbation, as false or feigned, it was found competent at any time, cum nunquam præscribitur in falso, unless it be otherwise enacted by a statutory law.

 Fol. Dic. v. 2. 119. Spottiswood.

*** This case is No 25. p. 2192. voce Grounds and Warrants.

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/1628/Mor2611075-271.html