Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION III.

What Title requisite in the Positive Prescription.
Subject_3 SECT. XIV.

Prescription against Latent Entails.

Creditors of Auchindachy
v.
Isaac Grant

Date: 31 January 1792
Case No. No 178.

Years of minority of substitutes not to be deducted.

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Alexander Auchindachy was first heir of entail under a deed executed by his father, and his sister was the next.

He made up titles, however, as unlimited fiar, on which he possessed the estate for the period of prescription.

During a part of this time, his sister, the person in immediate substitution, was minor; and it came to be objected to his prescriptive right, That the years of her minority ought to be deducted. But the Court, as in the case of Gordon contra Gordon, supra, and in other prior ones there quoted, considering, that in this way prescription could scarcely ever have effect against entails, as some of the substitutes would probably be always in minority,

Found that the years of the minority of the substitute were not to be decucted.

Act. Wolfe-Murray. Alt. G. Fergusson. Clerk, Menxies. Fol. Dic. v. 4. p. 99. Fac. Col. No 201. p. 423. *** This case was appealed:

The House of Lords Ordered and Adjudged, That the appeal be dismissed, and the interlocutors complained of be affirmed.