Positive Prescription – Absolute or Redeemable Right – Testing Clause.- A conveyance by charter was made of certain parts of an estate ex facie absolute, and bearing to be for a price then paid. Eight days before its date, a wadset had been granted of the same lands, in favour of the same party, which obliged the party to grant a letter of reversion. No letter of reversion was adduced, and no appearance of it on the records. The positive prescription and possession followed. Held, in the Court of Session, that the wadset right and charter qualified each other, and were to be read as one deed, and that the right was redeemable. Reversed in the House of Lords, and held that prescriptive possession on the absolute right, fortified the appellant’s title; and that the right was irredeemable. The contract of wadset having been executed by the aid of notaries; Held, that as one notary and two witnesses alone signed it, the wadset was bad.
Citations:
[1777] UKHL 2 – Paton – 415
Links:
Jurisdiction:
Scotland
Land
Updated: 27 August 2022; Ref: scu.562005