Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION XV.

Interruption of the Negative Prescription.
Subject_3 SECT. I.

What diligence sufficient. - Effect of partial interruption.

Butter
v.
The Laird of Ballegerno

Date: 17 February 1665
Case No. No 409.

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In an action Butter and Gray of Ballegerno, the Lords found, that a summons raised upon a bond and executed, though the day of compearance was after 40 years, the summons and execution being before the expiring of 40 years, is sufficient to interrupt the prescription.

Fol. Dic. v. 2. p. 127. Gilmour, No 141. p. 102. *** Newbyth reports this case:

1665. February 15.—In an action of registration of a bond, pursued at the instance of James Butter against James Gray of Ballegerno, &c. there being a defence proponed, viz. No registration, because the bond was prescribed, not being pursued within 40 years; to which it was answered, That there was a summons raised and executed upon six days within the 40 years: The Lords found the same sufficient to interrupt, albeit the action was not called till after the 40 years were expired.

Newbyth, MS. p. 26.

*** Stair's report of this case is No 363. p. 11183.