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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean and Elizabeth Haliburton v Graham of Mosknow. [1736] 2 Elchies 450 (6 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020450-008.html |
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Subject_1 PRESCRIPTION.
Date: Jean and Elizabeth Haliburton
v.
Graham of Mosknow
6 February 1736
Case No.No. 8.
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Though prescription may be interrupted by a bond of corroboration, or any other writing acknowledging a particular debt, yet a general obligement to pay all debts, accounts, &c. resting, will not interrupt the prescription of any particular debt; therefore the Lords sustained the defence of prescription of two bonds in 1683 and 1684, by Irvine of Bonshaw to Captain Blair, notwithstanding an obligement granted by Mosknow, (who got Bonshaw's estate) in 1687 to pay to Captain Blair all debts, sums of money, and accounts resting by the deceased Bonshaw to the Captain, upon whatever account, according to instructions of the same to be given to him by
the Captain; and which last obligement was not prescribed, diligence having been used on it by horning and inhibition. (see Dict. No. 218. p. 11015.)
The electronic version of the text was provided by the Scottish Council of Law Reporting