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Ld. Lawers v Dunbars. [1637] Mor 11288 (26 July 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor2711288-453.html Cite as:
[1637] Mor 11288
What evidence required of interruption. - Interruption by an apparent heir.
Ld Lawers v. Dunbars
Date: 26 July 1637 Case No. No 453.
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An only son who was nearest of kin to his father and to his mother, both now deceased, as executor to his mother, confirmed a decreet for a sum of money which had been recovered by her and her husband for his interest. The confirmation was null, the subject being in bonis of the husband, as falling to him jure mariti. Yet diligence done by the son upon this title against the debtor, was found sufficient to interrupt the negative prescription of the decree, he being at the same time, as mentioned, also nearest of kin to his father.
