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Countess of Rothes v Marquis of Douglas. [1685] Mor 11255 (1 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2711255-423.html Cite as:
[1685] Mor 11255
What diligence sufficient. - Effect of partial interruption.
Countess of Rothes v. Marquis of Douglas
Date: 1 January 1685 Case No. No 423.
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In a pursuit at the instance of the Countess of Rothes against the Marquis of Douglas, for four bolls of barley out of the lands of Abernethy parish;
The defender alleged prescription, in regard no such annuity had been exacted for the space of 40 years.
Answered for the defender; That the prescription was interrupted by process against the tenants of the lands.
Replied; These processes mention no annuity; and they might have been raised for some other cause, even for the tenants' proper debt. Again, they are in a factor's name, and no factory produced.
The Lords repelled these interruptions, unless they were adminiculate to have had relation to the annuity.
