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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Dame Robina Pollock or Crawford v. Mary Lockhart, relict of John Lockhart of Lee [1779] UKHL 2_Paton_495 (10 March 1779) URL: http://www.bailii.org/uk/cases/UKHL/1779/2_Paton_495.html Cite as: [1779] UKHL 2_Paton_495 |
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Page: 495↓
(1779) 2 Paton 495
CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.
(M. 10702.)
No. 114.
House of Lords,
Subject_Prescription — Foreign Succession.
For full report of this case, see (M. 10702.)
Where an English trust was created of estate in England, vested in English trustees in the English form; but for the benefit of parties natives of Scotland; and the trust fund having not been put to the uses mentioned; but transferred by the trustee to the first party beneficially called to succeed. Forty years after the present action was raised by the Scotch party, deprived of the benefit. Held, in the Court of Session, that the Scotch law of negative prescription, and not the English law, fell to be applied, and that the right of the parties favoured by the trust was cut off by the negative prescription.
Affirmed in the House of Lords.
Counsel: For Appellant,
Al. Wedderburn,
John Maddock.
For Respondent,
Ar. Macdonald,
J. Dunning.