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Scottish Court of Session Decisions >>
Ogilvies of Kinaltie and Tarquachie v Lindsay of Glenquhish. [1694] 4 Brn 185 (6 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040185-0417.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Ogilvies of Kinaltie and Tarquachie v. Lindsay of Glenquhish
Date: 6 July 1694
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Ogilvies of Kinaltie and Tarquachie against Lindsay of Glenquhish, about a head roum, wherein neither of the parties were expressum infeft, but both of them pled it to be part and pertinent of their properties. The Lords allowed a conjunct probation as to their deeds of property and possession in the lands controverted these forty years bygone. But Lindsay, craving deduction of fifteen or twenty years' minority from Ogilvies' prescription, they reclaimed; because this would put them to prove sixty years' possession; which was impossible to do by witnesses under eighty years of age, who could not be got.
The Lords found they could not help them in this point; for the act anent prescription, in 1617, was clear that prescription ran against minors; but these years behoved to be deduced: and it altered not the case whether the prescription began before the minority existed or in the time when it was running.
On a bill, the Lords forbore that point of the minority till the conclusion of the cause; in regard neither of the parties had a special infeftment: which may alter the case.
