Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION III.

What Title requisite in the Positive Prescription.
Subject_3 SECT. XII.

Positive Prescription of other Rights.

Duke of Montrose
v.
M'Aulay

Date: 9 July 1713
Case No. No 161.

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An heritable bailie of an Earldom, having, under the colour of that title, acted also, for above forty years, as heritable bailie of a regality, which also belonged to the Earl, his constituent; this possession, as wanting a title, was not found to make a prescription as to the bailiary of regality, even in the person of a singular successor, who purchased the office of bailie of the Earldom.

Fol. Dic. v. 2. 111.

*** This case is No 21. p. 2266, voce Clause.