[1729] Mor 11059
Subject_1 PRESCRIPTION.
Subject_2 DIVISION. VIII. Quinquennial Prescription.
Subject_3 SECT. II. Mails and Duties.
Date: Nisbet
v.
Baikie
10 July 1729
Case No.No 251.
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The quinquennial prescription of mails and duties takes place equally whether the tenant has possessed by written or verbal tack.
Partial payments, made within the five years, found no interruption of prescription, as tending rather to fortify the presumption, that all bygones are cleared.
A tack of mails and duties falls not under the act, which regards only tenants who are in the natural possession, by labouring the ground.—See Appendix.
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