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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret Arnot v Isobel Paterson. [1760] 5 Brn 879 (28 November 1760)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.
Date: Margaret Arnot
v.
Isobel Paterson
28 November 1760 Click here to view a pdf copy of this documet : PDF Copy
A summons of reduction of a disposition of lands was raised within the forty years, libelling that the disponer was interdicted, and therefore incapable of disposing without consent of his interdictors; alleging also the common grounds of reduction, with this general clause added, “ for other reasons and causes to be alleged” but without any special mention of fraud or circumvention. Thereafter, when the forty years were expired, the pursuer gave in a condescendence of his reasons of reduction, wherein he alleged, and offered to prove, fraud and circumvention; but the Lords found that he was barred by prescription, because the ground of challenge was not particularly condescended on before the forty years expired; for they thought a general challenge of the right was not sufficient to interrupt the prescription of any particular ground of reduction. This decision was unanimous, and it had often been so decided before.
The electronic version of the text was provided by the Scottish Council of Law Reporting