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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson of Inches v M'Intosh of Daviot. [1688] Mor 11053 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2611053-247.html
Cite as: [1688] Mor 11053

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[1688] Mor 11053      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION. VIII.

Quinquennial Prescription.
Subject_3 SECT. II.

Mails and Duties.

Robertson of Inches
v.
M'Intosh of Daviot

1688. February.
Case No. No 247.

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Found, That violent intrusion into possession, by virtue of a pretended right, was probable by witnesses, even five years after the intruder's removing. Mails and duties, not pursued within five years after the tenant's removing, do thereafter prescribe quoad modum probandi.

Harcarse, (Prescription.) No 779. p. 220.

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/1688/Mor2611053-247.html