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Cite as: [1680] Mor 11294

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[1680] Mor 11294      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION XVI.

Interruption of the Positive Prescription.

Brown
 v.
Town of Kirkcudbright

Date: 13 January 1680
Case No. No 462.

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In a competition betwixt two parties about a salmon fishing, neither having an absolute right, but obliged both to recur to prescription, their mutual interruptions, before these rights were completed, were found to have no effect, unless upon interruption the party interrupted had intermitted his possession.

 Fol. Dic. v. 2. p. 131. Stair.

*** This case is No 110. p. 10845.

*** A similar decision was pronounced 18th December 1623, Forbes against Monymusk, No 106. p. 10840.

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/1680/Mor2711294-462.html