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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Montgomery v Wallace. [1665] Mor 12722 (24 June 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3012722-609.html
Cite as: [1665] Mor 12722

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[1665] Mor 12722      
Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. VIII.

Possession.

Montgomery
 v.
Wallace

Date: 24 June 1665
Case No. No 609.

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In a constitution of thirlage there was an old decreet, anno 1569, against the tenants, possession was proved for 28 years backward, no body being found of age enough to prove farther back; the Lords found, That the probation during memory did presume anterior possession to compleat prescription.

 Fol. Dic. v. 2. p. 270. Stair.

*** This case is No 120. p. 10857., voce Prescription.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3012722-609.html