swarb.co.uk - law index
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Limitation - From: 1200 To: 1799
This page lists 9 cases, and was prepared on 02 April 2018.
Rushworth and Al' v Countess De Pembroke and Currier [1660] EngR 221; (1655, 1656, 1657, 1658, 1659 and 1660) Hard 472; (1660) 145 ER 553 (B)
1660
Limitation, Land
[ Commonlii ]
Hodsden v Harridge [1714] EngR 286; (1714) 1 Sid 415; (1714) 82 ER 1189 (B)
1714
Limitation
Datt aur ard & stat. de 21 Jac. ca. 16 de Limit' plead. Semble q; nest deins le stat. Ne dett pur escape ne dismes ne sur Stat. de Scandalum Magnaturn.
[ Commonlii ]
George Booth v George, Earl of Warrington [1714] EngR 760; (1714) 4 Bro PC 163; (1714) 2 ER 111
29 Apr 1714
PC
Torts - Other, Limitation
A under a pretence that B was instrumental in procuring a beneficial marriage for C obtains a bond from C to B for 1000 guineas, as a reward for his services. The bond is paid when due; but in nine years afterwards C discovers the whole to be a gross imposition in A and that he received all the money. On a bill brought, A was decreed to repay C the whole money, with interest and costs. DECREES of the Court of Chancery AFFIRMED. Where there is fraud, and such fraud is concealed, no length of time can bar.
1 Citers
[ Commonlii ]
Patrick Davidson of Woodmiln v Alexander Watson of Glentarkie [1740] UKHL 1_Paton_288
4 Dec 1740
HL
Limitation, Children
Found that the act does not apply to actions for the aliment of minors.
Prescription Act 1579
[ Bailii ]
His Majesty's Advocate, on Behalf of His Majesty and The Public v Jean Hay, Widow of John Cuthbert of Castlehill, and Her Children [1758] UKHL 2_Paton_266
24 Apr 1758
HL
Limitation
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.
[ Bailii ]
John Gordon of Auchanachy, and Alexander Gordon, His Trustee v Miss Grizel Ogilvie [1762] UKHL 2_Paton_61; (1762) 2 Paton 61
22 Mar 1762
HL
Litigation Practice, Limitation
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.
[ Bailii ]
Smith v Clay; 10-May-1767 - [1767] EngR 55; (1767) 3 Bro CC 646; (1767) 29 ER 743
Keech v Hall (1778) 1 Doug KB 21; [1775-1802] All ER Rep 116; [11778] 99 ER 17
1778
Mansfield CJ
Land, Limitation, Landlord and Tenant
The tenant resisted ejectment by the landlord's mortgagee. His tenancy had been created after the mortgage. Held: The mortgagee seeking ejectment did not first need to give a tenant a notice to quit. Mansfield CJ said: "Whoever wants to be secure when he takes a lease should inquire after and examine the title deeds." For time to run against a mortgagee and bar his right to recovery of the mortgaged land, the mortgagor must be in adverse possession of the land being in possession without any right and without the consent, express or implied, of his mortgagee.
1 Citers
Delvalle, Head and Others, Creditors of Company for Raising The Thames Water In York Buildings v Company of Undertakers for Raising the Thames Water in York Buildings [1788] UKHL 3 - Paton - 98
12 Mar 1788
HL
Limitation
Prescription - Foreign. - Circumstances in which held, that certain bonds due to creditors in England, by an English Company, ranked on an estate in Scotland belonging to that Company, had incurred the negative prescription of forty years. Reversed in House of Lords.
[ Bailii ]
