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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Trustees of Boyds v The Earl of Home. [1777] 5 Brn 540 (27 February 1777)
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Cite as: [1777] 5 Brn 540
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[1777] 5 Brn 540
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.
Date: The Trustees of Boyds
v.
The Earl of Home
27 February 1777 Click here to view a pdf copy of this documet : PDF Copy
Diligence upon a bond saves prescription of a relative bond of corroboration, the Trustees of Boyds against Earl of Home, 18th June 1776. On a reclaiming petition the Lords demurred, and superseded further consideration of the point till November; and, upon advising the petition and answers, they altered and found the bond of corroboration prescribed, though the bond corroborated was not. This day, 27th February 1777, refused a reclaiming petition without answers, and adhered.
The bond of corroboration in this case not only corroborated the principal, but turned some annualrents owing, into a principal. The Lords were of opinion that, to save a bond of corroboration from prescription, a document behoved to be taken on it within the forty years.
The electronic version of the text was provided by the Scottish Council of Law Reporting