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Lord Philorth v Lord Fraser. [1666] Mor 11320 (28 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2711320-470.html Cite as:
[1666] Mor 11320
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A process once commenced does not fall in less than 40 years, unless where the time is shortened by particular statute; and therefore, after a process of declarator was raised, which lay over, and then was taken up again, the defender's answer was not found sufficient, that he a churchman had decennalis et triennalis possessio, since the commencement of the process.
Fol. Dic. v. 2. p. 130. Stair.
*** This case is No 4. p. 5620, voce Homolocation.
*** A similar decision was pronounced in the case of a process of compt and reckoning against tutors and curators, though it had lien over more than ten years, December 1731, Creditors of Libberton against his Tutors and Curators. See Appendix.
