What Title requisite in the Positive Prescription.
Subject_3 SECT. XII.
Positive Prescription of other Rights.
Duke of Montrose v. M'Aulay
Date: 9 July 1713 Case No. No 161.
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An heritable bailie of an Earldom, having, under the colour of that title, acted also, for above forty years, as heritable bailie of a regality, which also belonged to the Earl, his constituent; this possession, as wanting a title, was not found to make a prescription as to the bailiary of regality, even in the person of a singular successor, who purchased the office of bailie of the Earldom.