Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES bURNETT, LORD MONBODDO.

Margaret Arnot
v.
Isobel Paterson

Date: 28 November 1760

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A summons of reduction of a disposition of lands was raised within the forty years, libelling that the disponer was interdicted, and therefore incapable of disposing without consent of his interdictors; alleging also the common grounds of reduction, with this general clause added, “ for other reasons and causes to be alleged” but without any special mention of fraud or circumvention. Thereafter, when the forty years were expired, the pursuer gave in a condescendence of his reasons of reduction, wherein he alleged, and offered to prove, fraud and circumvention; but the Lords found that he was barred by prescription, because the ground of challenge was not particularly condescended on before the forty years expired; for they thought a general challenge of the right was not sufficient to interrupt the prescription of any particular ground of reduction. This decision was unanimous, and it had often been so decided before.