Of the Act 28. Parl. 5. Jas. III. 1469, which enacts, that “Obligations” not followed out within 40 Years shall prescribe.
Lord Cathcart v. Ld of Gadzat.
1585.
February. Case No. No 23.
Before the act 1617, heritable titles could not prescribe, notwithstanding the terms of the act 1469.
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The Lord Cathcart, by virtue of a bond and obligation made by the Laird of Gathart, goodsir to his goodsir, pursued the Laird of Gadzat for the deliverance of a reversion recording to the said bond. It was alleged by Gadzat, That he could have no action upon the bond, by reason of the act of Parliament James III. cap. 36. all obligations to be pursued within the space of 40 years, or else to prescribe; and so the said bond being an obligation, bearing the words binds and obliges, ought to prescribe. To the whilk it was answered, That the present bond could hot be comprehended under the act of Parliament, because it was for the deliverance of a reversion; and a reversion which was an heritable title could not be comprehended under the act of Parliament; no, neither a bond for the deliverance of a reversion quia fuit ejusdem naturæ. The Lords found by interlocutor, That the present bond, because it bore for the deliverance of a reversion, could not prescribe nor come under the act of Parliament.
