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Cite as: [1671] Mor 10999

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[1671] Mor 10999      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION VI.

Præscriptio decennalis et triennalis.

Duke of Monmouth
 v.
Parishioners of Halsenden

Date: 23 June 1671
Case No. No 197.

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Thirteen years possession by a minister, of lands wherein an heritor stands infeft, and was in possession before the minister's entry, who could allege neither mortification nor that it was kirk-land, nor could show a legal title, was interpreted a tolerance only, so as not so take away the heritor's right by prescription.

 Fol. Dic. v. 2. 114. Gosford. Stair.

*** See the particulars of this case under the names, Duke of Buccleuch against Parishioners of Halsenden, voce Proof.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor2610999-197.html