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Scottish Court of Session Decisions >>
The Duke of Lennox v the Laird of Balfour. [1590] Mor 11147 (00 1590)
URL: http://www.bailii.org/scot/cases/ScotCS/1590/Mor2611147-344.html Cite as:
[1590] Mor 11147
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The Duke of Lennox having right from the King to an obligation made by Cardinal Beaton, anno 1545, to the Laird of Grange, treasurer for the time, bearing, That the Cardinal had borrowed 3000 crowns from the Treasurer, and obliged him to repay it; the Duke pursued the Laird of Balfour as only executor living to the Cardinal for the said sum. Excepted, That it was prescribed, 40 years bygone. Replied, That the act did not militate in this case, because, since the making of the obligation, the princes were almost ever minors, contra quos non currit præscriptio. Duplied, That this was præscriptio introducta a lege & statuto Parliamenti, and so behoved to take effect contra ipsos minores, and that they could have no privilege granted to them in this case. The Lords repelled the exception in præsentia regis, 1590.
Spottiswood, (Præscriptione et Usucapione) p. 236.
