Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. VIII.

Feu and Tack-duties.

L Gairntully
v.
Commissary of St Andrews

Date: 15 December 1638
Case No. No 55.

Found as above.

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Sir William Stuart of Gairntully having a pension of L. granted to him by the Duke of Lennox, and for payment thereof the feu-duties of the lands of, which pertained in feu to the Commissary of St Andrews, extending to the sum of L. yearly of feu-duty, contained in his feu infeftment, being assigned to him, he pursues the said Commissary for payment of the saids feu-duties, many years by past, these 40 years or more. And the Commissary alleging, That the action was prescribed, he not being pursued therefor these 40 years by past, and not being sought for the same, the Lords repelled this allegeance; for they found that this being a pursuit moved for payment of feu-duty, owing by the defender's own charter, he could not be heard competently to propone prescription against the same; but the Lords thought it expedient, that the pursuer should retrinsh his pursuit to so many years by past, as might be within these 40 years last by past.

Act. Stuart. Alt. Rollock. Fol. Dic. v. 2. p. 100. Durie p. 867.