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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Lellan v Cutler. [1762] 5 Brn 893 (9 December 1762) URL: http://www.bailii.org/scot/cases/ScotCS/1762/Brn050893-1103.html Cite as: [1762] 5 Brn 893 |
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[1762] 5 Brn 893
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: M'Lellan
v.
Cutler
9 December 1762 Click here to view a pdf copy of this documet : PDF Copy
The Lords, in this case, were all unanimous, that, upon a charter of adjudication, prescription of the absolute irredeemable property could not run, except from the expiration of the legal. If the prescription had been pleaded against any other than the debtor, or his heir, it would, I imagine, have run from the date of the sasine, because the possession of the adjudger, in such a case, would have been considered as the possession of the debtor; and, in a question with any body, if the adjudger claimed no more by prescription than the redeemable right, the prescription would run from the date of the sasine.
The electronic version of the text was provided by the Scottish Council of Law Reporting