Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.

David Scot of Scotstarvet
v.
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Date: 21 December 1756

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A lady, having a right of liferent over an estate, purchased in some debts affecting that estate: the question was, Whether prescription of such debts could run during the lady's possession upon her liferent? And the Lords unanimously found, That it could not, and that it was not necessary for a creditor, in such a case, to assign his debts, in order to have process sued upon them, or to raise a reduction and improbation of all other rights that might interfere with them, or to take any document whatever upon them. This they determined upon the general principle, that a man, having several rights in his person, may ascribe his possession to any one of them, and prescription will not run against the rest, though they cannot be taken up separately by any heir or creditor, but must follow the right upon which the party chooses to possess; as was found in the case of Creditors of Easterfearn, in November 1751.

The case of Pitrichie was quoted here, where, the President said, the point was established.