[1684] Mor 10726
Subject_1 PRESCRIPTION.
Subject_2 DIVISION I. Negative Prescription of Forty Years.
Subject_3 SECT. V. Res merę facultatis.
Drum
v.
Coltness, and Lady Gooters
1684 .
Case No.No 36.
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Found, that a right of reversion of a wadset did not prescribe for not being used for 40 years, the subject not being juris, but facultatis cui non præscribitur. Here the reversion was incorporatio in græmio of the wadset; and the case had been the same, though the reversion had been on a paper apart, unless the right had been conceived in irredeemable terms, and had passed to singular successors.
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