Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PRESCRIPTION.

Ross of Auchnacloich
v.
Mackenzie of Ardross

1776.

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In the cause between M'Kenzie of Ardross and Ross of Auchnacloich, the Lords found, that a decreet of adjudication, though completed by charter and sasine, may be cut off by the negative prescription, as to some of the subjects which have never been possessed, although it has been continued in force as to the other subjects upon which possession had followed; and, upon this ground, the heir of the family was preferred to the adjudger, with respect to certain of the lands under adjudication, but never possessed by the adjudger; though, as to the other lands in the adjudger's possession, the adjudger was preferred.

How far diligence against a principal saves against prescription in favours of the cautioner, see reclaiming petition, Boyd's Trustees against Earl of Home, refused 27th February 1777.