His Majesty’s Advocate, on Behalf of His Majesty and The Public v Jean Hay, Widow of John Cuthbert of Castlehill, and Her Children: HL 24 Apr 1758

Wadset – Prescription – Interruption.-
A bond was granted to a party, and had lain over until within a few months of 40 years, when decree cognitionis causa, followed by decree of adjudication, were obtained. A claim was made on this debt 40 years after the date of this adjudication: Held, that calling the creditor in an action of reduction, declarator, and extinction of the debt, raised by a co-creditor, to which the debtor was no party, within the 40 years, and appearance of the creditor made therein, with production of his bond and adjudication to support his debt, were not sufficient to interrupt the negative prescription, in terms of the statute thereanent.

[1758] UKHL 2 – Paton – 266
Bailii
Scotland

Limitation

Updated: 09 January 2022; Ref: scu.558249