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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Ged and her Husband v Baker. [1740] Mor 10789 (5 December 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2610789-083.html
Cite as: [1740] Mor 10789

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[1740] Mor 10789      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION III.

What Title requisite in the Positive Prescription.
Subject_3 SECT. I.

Title requisite to Purchasers of Land, and to Adjudgers.

Agnes Ged and her Husband
v.
Baker

Date: 5 December 1740
Case No. No 83.

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Found, that 40 years possession upon an infeftment proceeding upon a charter of adjudication, excluded all objections of nullities against the adjudication or grounds thereof, although there had not been 40 years possession since the expiry of the legal; but found that the years of minority were to be deducted.

N. B. There is no doubt but it is competent to allege payment within the legal, any time within 40 years after the expiry of the legal.

Fol. Dic. v. 4. p. 95. Kilkerran, (Prescription.) No 6. p. 418.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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