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Scottish Court of Session Decisions >>
A. v B. [1589] Mor 10717 (00 1589)
URL: http://www.bailii.org/scot/cases/ScotCS/1589/Mor2510717-024.html Cite as:
[1589] Mor 10717
Of the Act 28. Parl. 5. Jas. III. 1469, which enacts, that “Obligations” not followed out within 40 Years shall prescribe.
A v. B
1589. Case No. No 24.
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There was an obligation sought to be registered, which contained the discharge of a reversion, and to make lands redeemable. It was alleged, That it was 50 or 60 years since the making of the said obligation, and so, according to the act of Parliament, prescribed. Answered, That because the obligation and bond thereof were heritable, et sapebant naturam hæreditatis, it could not be comprehended under the act, and so was found by the Lords.
