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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Sutherland v Earls of Crawford, Errol, and Marischal. [1706] Mor 11330 (23 January 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Mor2711330-477.html
Cite as: [1706] Mor 11330

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[1706] Mor 11330      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XVII.

Prescription of Interruptions.

Earl of Sutherland
v.
Earls of Crawford, Errol, and Marischal

Date: 23 January 1706
Case No. No 477.

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In a declarator of precedency betwixt two Peers, the one founding on prescription, and the other opponing interruption by a citation; the Lords found, that the citation, though only for the first diet, was sufficient for an interruption; but found the said citation and summons fallen and extinct, because not renewed within seven years after the date of act 15th, Parl. 1685, which they found was not to be accounted from the date of its publication, and proclamation over the cross of Edinburgh, as the act 128th, Parl. 1581, appoints; because this new act derogates from it, by declaring, that with respect to interruptions, the seven years shall commence from the date of the act.

Fol. Dic. v. 2. p. 131. Fountainhall. Forbes.

*** This case is No 464. p. 11295.

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/1706/Mor2711330-477.html