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Cite as: [1712] Mor 10731

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[1712] Mor 10731      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. V.

Res merę facultatis.

Justices of the Peace of Ayrshire
 v.
Town of Irvine

Date: 12 January 1712
Case No. No 39.

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The Lords over-ruled the plea, that the exercise of the power of re-pledging was meræ facultatis, and found that the negative prescription non utendo took place.

 Fol. Dic. v. 2. p. 99. Fount.

*** This case is No 17. 9398, voce Oath of Party.

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/1712/Mor2510731-039.html