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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston v Balfour of Beath. [1745] 2 Elchies 460 (7 June 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies020460-026.html Cite as: [1745] 2 Elchies 460 |
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[1745] 2 Elchies 460
Subject_1 PRESCRIPTION.
Date: Johnston
v.
Balfour of Beath
7 June 1745
Case No.No. 26.
Click here to view a pdf copy of this documet : PDF Copy
A liferentrix provided to the liferent house, yard, and coal, and to an annuity out of the lands, entered to the possession of the whole, and afterwards apprized for a considerable sum of bygones; upon which her second husband and she obtained charter and sasine, and they and their heirs continued to possess thereafter near to 50 years. The question was, If they had the benefit of the positive prescription? The Court thought, that if the liferent had been a locality, the possession must have been ascribed to that title, and then the prescription would not have been run. But as it was only of an annuity out of the lands, though it was a locality of the house, yard, and coal, they unanimously sustained the defence of prescription, and found that the defender produced sufficient to exclude the heirs of the fiar, or which is the same, an adjudger in trust for them. (See Dict. No. 84. p. 10789.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
