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Scottish Court of Session Decisions >>
Earl of Marchmont v Earl of Home. [1730] Mor 11269 (00 July 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor2711269-437.html Cite as:
[1730] Mor 11269
What diligence sufficient. - Effect of partial interruption.
Earl of Marchmont v. Earl of Home
1730.
July. Case No. No 437.
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A reduction and improbation being insisted in in common form, to ascertain the pursuer's property to certain lands, it came out in the course of the process, that he was only superior, and that the defender was his feu-vassal. The Lords found the reduction and improbation a sufficient interruption of the negative prescription of the feu-duties, for majori inest minus, and a claim for the whole rents must be an interruption quoad any part. See Appendix.
