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Scottish Court of Session Decisions >>
Rogers v Cathcart and Ker. [1732] Mor 4507 (25 July 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor1104507-059.html Cite as:
[1732] Mor 4507
Prescription, by the Law of which Country regulated.
Rogers v. Cathcart and Ker
Date: 25 July 1732 Case No. No 59.
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A supercargo having borrowed money in Virginia, drew bill on his constituents for the same. In a pursuit upon this bill, after it had lien over for six years, the question occurred, whether the act of limitation comprehending bills, should be the rule, or if the question of prescription should be regulated by the laws of Scotland, the bill being drawn upon Scotsmen residing in Scotland, and payable there. The Lords repelled the prescription, and found the law of Scotland must be the rule. See Appendix.
