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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anna Home v Ker of Moriston and Home of Coldinghamlaw. [1733] Mor 10736 (17 July 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor2510736-046.html
Cite as: [1733] Mor 10736

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[1733] Mor 10736      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. VI.

Cess. - Discharges. - -Annual prestations. - Exceptions. - Intrinsic objections.

Anna Home
 v.
Ker of Moriston and Home of Coldinghamlaw

Date: 17 July 1733
Case No. No 46.

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In a pursuit upon a bond saved from the negative prescription by interruptions, this defence was laid, That the bond was fraudulently elicited by an interdictor from the person interdicted, without any onerous cause. It was answered, That any challenge of fraud, formerly competent, is now cut off by prescription. Replied, The exceptio doli never prescribes. Temporanea ad agendum sunt perpetua ad excipiendum. The prescription was found to take place. See Appendix.

 Fal. Dic. v. 2. 99.

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/1733/Mor2510736-046.html