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Lord Drumlanrick v His Vassals. [1672] 2 Brn 612 (20 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020612-1017.html Cite as:
[1672] 2 Brn 612
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lord Drumlanrick v. His Vassals
Date: 20 January 1672
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In the improbation pursued at my Lord Drumlanrick's instance against his vassals, it was allegedfor one, That no certification could be granted against his writs, because he offered him to prove he had been in possession peaceably of the controverted lands by the space of forty years, and that by virtue of a right, and so has prescribed against this pursuer. Answered, That forty years prescription, nor no other defence consisting in facto, and so cannot be instantly verified, can be obtruded to obstruct certification.
The Lords in presentia admitted certification, reserving to the defender to reduce upon the prescription.
