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

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drum v Coltness, and Lady Gooters. [1684] Mor 10726 (00 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor2510726-036.html
Cite as: [1684] Mor 10726

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

[1684] Mor 10726      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. V.

Res merę facultatis.

Drum
 v.
Coltness, and Lady Gooters

1684.
Case No. No 36.

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

Found, that a right of reversion of a wadset did not prescribe for not being used for 40 years, the subject not being juris, but facultatis cui non præscribitur. Here the reversion was incorporatio in græmio of the wadset; and the case had been the same, though the reversion had been on a paper apart, unless the right had been conceived in irredeemable terms, and had passed to singular successors.

 Harcarse, (Prescription.) No 771. p. 219.

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/1684/Mor2510726-036.html