[1615] Mor 10773
Subject_1 PRESCRIPTION.
Subject_2 DIVISION II. Positive Prescription of forty years.
Subject_3 SECT. I. Act 1594, cap. 218. - Effect of the Positive Prescription on a jus crediti, over the Subject acquired.
Date: La Drumlanrig
v.
Wemyss
13 February 1615
Case No.No 69.
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In the reduction pursued by the La. of Drumlanrig contra James Wemyss, the Lords fand, That an instrument of sasine grated upon a precept, which precept was improven, was redeeamable notwithstanding that the infeftment was clad with 40 years possession; and so they fand, that the precept should be produced, and that the act of Parliament made in anno 1594, anent the production of procuratories and precepts, could not be extended in this case.
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