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URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2611059-251.html
Cite as: [1729] Mor 11059

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[1729] Mor 11059      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION. VIII.

Quinquennial Prescription.
Subject_3 SECT. II.

Mails and Duties.

Nisbet
 v.
Baikie

Date: 10 July 1729
Case No. No 251.

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The quinquennial prescription of mails and duties takes place equally whether the tenant has possessed by written or verbal tack.

Partial payments, made within the five years, found no interruption of prescription, as tending rather to fortify the presumption, that all bygones are cleared.

A tack of mails and duties falls not under the act, which regards only tenants who are in the natural possession, by labouring the ground.—See Appendix.

 Fol. Dic. v. 2. p. 117.

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/1729/Mor2611059-251.html