The effect of Prescription cannot be obtained by a person against himself.
Innes v. Innes of Auchluncart
Date: 31 December 1695 Case No. No 392.
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The investitures of an estate, standing in favour of heirs whatsomever, the proprietor, anno 1641, executed a bond of entail, in favour of heirs-male. From this period, the heirs-male continued to be the same with the heirs whatsomever, till the 1692, that they came to split; and then the heir-male claimed the estate upon the said bond of tailzie. The Lords sustained the defence of the positive prescription, there being a connected series of services, in favour of heirs of line, standing together for 40 years since the date of the bond, which established the right of the heirs of line.
