[1687] Mor 11189
Subject_1 PRESCRIPTION.
Subject_2 DIVISION XIII. Contra non valentem non currit Prsæcriptio.
Subject_3 SECT. I. Ubi dies non venit.
Earl of Lauderdale
v.
Vassals of Dundee
1687 .July — .
Case No.No 368.
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In a question of recognition, alleged for the Vassals, That one of the base infeftments being granted 40 years before the other, the process of recognition was prescribed, quoad that subject, and so it could not concur to infer recognition; answered, The first base infeftment did not comprehend the major part of the ward tenement; and the action of recognition could not begin to prescribe until recognition was incurred. The Lords repelled the defence, in respect of the answer.
*** This case is No 63. p. 6485. voce Implied Dicharge and Renunciation.
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