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Earl of Lauderdale v Viscount of Oxenford. [1666] Mor 11205 (28 February 1666)
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[1666] Mor 11205
Whether a woman under coverture is to be considered as non valens agere. - The effect where there is a medium impedimentum to bar pursuit.
Earl of Lauderdale v. Viscount of Oxenford
Date: 28 February 1666 Case No. No 379.
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It was objected against a defender pleading upon the positive prescription, that for some time during the 40 years, there was a liferent of the subject in question in the person of one of the defender's authors, to which liferent the pursuer was consenter, and therefore during that time he was non valens agere, in respect by no action could he obtain posssession; and the Lords never put parties to the necessity of interning processes, where these processes can serve to no purpose, but to stop prescription; which was sustained.
Fol. Dic. v. 2. p. 124. Stair.
*** This case is No 7. p. 27., voce Accessorum Sequitur Principale.
*** The principle of this case was followed in the case 25th January 1678, Duke of Lauderdale against Earl of Tweeddale, No 374. p. 11193.
