Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Walkingshaw v Knapperny. [1737] 2 Elchies 452 (16 December 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020452-015.html |
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Subject_1 PRESCRIPTION.
Date: Walkingshaw
v.
Knapperny
16 December 1737
Case No.No. 15.
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In a count and reckoning a holograph obligement to account for four tons of wine being founded as a compensation, the Lords were of opinion that, the compensation did not stop the running of the twenty years prescription, and in effect determined it, though they gave no interlocutor; because the defender was obliged to refer the verity of the subscription to the pursuer's oath, who was grandson to the granter, and which would have been unnecessary if the prescription was not run. This agreeably to 5th July 1681, Dickson against Macauley, (Dict. No. 288. p. 11090.)
The electronic version of the text was provided by the Scottish Council of Law Reporting