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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Simpson v Adamson. [1668] Mor 10548 (24 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor2510548-014.html
Cite as: [1668] Mor 10548

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[1668] Mor 10548      
Subject_1 POINDING of the GROUND.

Simpson
 v.
Adamson

 Date: 24 January 1668
Case No. No 14.

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Upon report, it was debated among the Lords, whether a decreet of poinding the ground should interrupt prescription of an annualrent right, being only against the tenants, the heritor not called. Some were of the opinion, that the decreet being null, nullum sortitur effectum. Others thought, that prescriptions being odious, talis qualis, and any act of interruption was sufficient; and as prescription may be interrupted by any deed of molestation of tenants, being a natural interruption, so it may be interrupted civilly by a pursuit against the tenants.

The Lords did not decide the question, but thought flt to advise further.

 Dirleton, No 146. p. 59.

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/1668/Mor2510548-014.html