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[1740] 1 Elchies 10
Subject_1 ADJUDICATION.
Gedd
v.
Baker
1740 ,Dec .5 .
Case No.No. 28.
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An adjudger having obtained charter and sasine, and entered to possession immediately after adjudication, and possessed more than 40 years. The Lords found that the adjudication could not be quarrelled upon nullities, though he had not possessed 40 years after the legal. But they thought he might declare the adjudication satisfied and paid within the legal any time within 40 years after expiring of the legal, though there was no occasion to give an interlocutor on this point. This interlocutor was unanimous except the Marquis of Tweddale, (Arniston absent,) 2dly, Found that minority must be discounted from the positive as well as negative prescription, (unanimous.)
The electronic version of the text was provided by the Scottish Council of Law Reporting