Mrs Mary Monypenny, Widow of John Ayton Younger, and Mary and Jean Their Daughters; and James Ayton (Formerly Monypenny) v Thomas Ayton, Second Son To John Ayton The Elder, and Brother To John Ayton The Younger: HL 11 Mar 1757

Prescription of Entail – Minority –
An entail was executed of an estate, but allowed to lie dormant for eighty years, during which the succeeding heirs had possessed on a different title in fee-simple. Held that the limitations in the entail were worked off and prescribed by the forty years’ possession had on this absolute title, and that the minority of heirs substitutes of entail did not interrupt the prescription.

[1757] UKHL 1 – Paton – 649
Bailii
Scotland

Land

Updated: 09 January 2022; Ref: scu.558240