[1637] Mor 11288
Subject_1 PRESCRIPTION.
Subject_2 DIVISION XV. Interruption of the Negative Prescription.
Subject_3 SECT. II. What evidence required of interruption. - Interruption by an apparent heir.
Date: Ld Lawers
v.
Dunbars
26 July 1637
Case No.No 453.
Click here to view a pdf copy of this documet : PDF Copy
An only son who was nearest of kin to his father and to his mother, both now deceased, as executor to his mother, confirmed a decreet for a sum of money which had been recovered by her and her husband for his interest. The confirmation was null, the subject being in bonis of the husband, as falling to him jure mariti. Yet diligence done by the son upon this title against the debtor, was found sufficient to interrupt the negative prescription of the decree, he being at the same time, as mentioned, also nearest of kin to his father.
*** This case is No 13. p. 10719.
The electronic version of the text was provided by the Scottish Council of Law Reporting