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Administrators of Heriot's Hospital v Hepburn. [1697] Mor 10812 (10 June 1697)
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[1697] Mor 10812
What Title requisite in the Positive Prescription.
Subject_3 SECT. III.
Title by Sasine upon Hasp and Staple.
Administrators of Heriot's Hospital v. Hepburn
Date: 10 June 1697 Case No. No 92.
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Sasine upon hasp and staple having no other warrant but the clerk of the burgh's assertion, is not a sufficient title for prescription, as not contained in the act of Parliament 1617, which mentions sasines upon retours, charters and precepts of clare coustat, but no word of hasp and staple, so that acts of Parliament being strictissimi juris, are not to be extended, and these being omitted, it must be presumed to be casus de industria omissus, and not per incuriam.
Fol. Dic. v. 2. p. 104. Fountainhall.
*** This case, (which is in opposition to the case which follows,) is No 82. p. 10786.
