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Scottish Court of Session Decisions >>
Fraser v M'Kenzie. [1728] Mor 11214 (26 November 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor2711214-387.html Cite as:
[1728] Mor 11214
What Effect, when there can be no Benefit by the Suit for the Purpose of interrupting the Prescription?
Fraser v. M'Kenzie
Date: 26 November 1728 Case No. No 387.
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An apparent heir, in possession of an estate by singular titles, having thereafter purchased in an apprising, it was found, That the apparent heir's possession did preserve the said apprising from the negative prescription: It being pleaded, in the general, That where a possessor has many rights in his person, all of them distinct titles of possession, prescription cannot run against one of them, so long as he keeps possession; for what can he demand upon any of these titles, but to have the possession; which if he already has, there can be no occasion for an action. But afterwards, upon a reclaiming bill, the Lords found no necessity of determining this point, having taken it up upon a separate footing. (See Appendix.)
