Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

A
v.
B

1735, Nov. 14.
Case No. No. 5.

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In a process declaring servitudes of peats and turf, of which long possession had beeu had, but upon a defective title, an instrument of interruption in 1688 being produced, but not registrate in terms of the act 1696, the pursuer being a purchaser in 1695, and the act regulating bygone interruptions,—the question was, Whether it also respected and was in favour of purchasers prior to the act, or only in favour of subsequent purchasers? The Lords found, that purchasers before the act had the benefit of it, and repelled the interruption, and declared the servitude.