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

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anent Prescription. [1677] 3 Brn 181 (00 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030181-0218.html

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


[1677] 3 Brn 181      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent Prescription

1677. July.

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

It was affirmed to me that the King's taxation, and Lords of Session's taxation in 1633, do not prescribe within the 40 years: at least that the ten years of the English usurpation must not be reckoned in that count; because they were then non valentes agere, contra quos nulla currit prascriptio. Vide No. 631, Lindsay and Fraser, [30th July, 1677.] There was two years, viz. from February 1659, till the end of 1660, that must be discounted in all prescriptions; because there was then no courts in Scotland: which is much to be attended in counting prescription, where it is but shortly past.

Advocates' MS. No. 632, § 6, folio 299.

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/1677/Brn030181-0218.html