Exclusive Title – Prescription – Minority – Res Jodicata. – A deed was executed in favour of an infant, narrating that the granter was on the eve of going abroad, and conveying his estate. Thereafter debts were contracted by him, and a party having obtained right to certain adjudications over his estate, and obtained charter and infeftment thereon, and having thereafter obtained possession of the estate, and held it for more than forty years, held that the granter of the deed was not divested of the estate, and that the adjudging creditor had acquired an exclusive title by the positive prescription, and the minorities pleaded not sufficient to elide it. Also, that the decree formerly pronounced in the same matter was res judicata.
[1776] UKHL 3 – Paton – 676
Bailii
Scotland
Land
Updated: 13 January 2022; Ref: scu.561841