Reduction – Transaction – Res Judicata – Representation – Prescription.-
Circumstances in which transaction with predecessor, was held to bar the challenge of the heir, though the deed of renunciation embodying this transaction was also sought to be reduced; and the heir insisted that he was not bound by his mother’s deed, he not representing her, but passing by and claiming right from a more remote predecessor. Also, that res judicata barred action; but plea of prescription repelled, in respect of interruption.
[1762] UKHL 2 – Paton – 61, (1762) 2 Paton 61
Bailii
Scotland
Limitation, Litigation Practice
Updated: 11 January 2022; Ref: scu.560600
