Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Strathorn v Cunningham. [1739] 5 Brn 663 (19 June 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Brn050663-0803.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Strathorn
v.
Cunningham
19 June 1739 Click here to view a pdf copy of this documet : PDF Copy
[Kilk., No. 2, Prescription.]
I mention this case only because an incidental point was determined in it which seemed to be of some consequence; whether the prescription in favour of tenants, introduced by Act 9, Parl. 2, Sess. 1, Chas. II. takes place when the
estate is sold, and so the landlord is changed, or only in the case of the removal of the tenant, according to the words of the Act. The Lords found, that, this being a correctory statute, the words of it could not be extended. Dissent. Arniston.
The electronic version of the text was provided by the Scottish Council of Law Reporting