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Scottish Court of Session Decisions >>
Thomas Wilson v George Tours. [1680] Mor 11089 (12 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor2611089-287.html
Triennial Prescription of Accounts, Act 1579. c. 83.
Thomas Wilson v. George Tours
Date: 12 February 1680 Case No. No 287.
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In this affair there is a current accompt with Aikman, former husband to Tours's wife. He dies, and the accompt is continued with the relict. It is thought, if what was owing by the husband be not pursued for within three years after the first husband's death, that the currency and continuation of the furnishing and accompt to the relict will not stop and hinder the husband's accompt from prescribing quoad modum probandi by witnesses; and this being reported, “the Lords found so” on the 28th July 1680.
1680. July 28.—Thomas Wilson merchant against George Tours, and Aikman's relict, “The Lords find the furnishing of wine and ale to the wife in her widowhood, does not make up a current accompt with the wine and ale furnished to her first husband in his lifetime, so as to hinder triennial prescription; and therefore find the furnishing in the first husband's time prescribed quoad modum probandi by witnesses, unless it was interrupted debito tempore. And as to the moveables of the house, find it relevant to Wilson to prove that he only lent the same; and repel their allegeance of a right on prescription and possession, that being only presumptive, and elided by the offering to prove lent. Item, Repel the defence for Janet Dick, that the moveables intromitted with by her were heirship moveables, in respect she had no right thereto.” See Proof.
Fol. Dic. v. 2. p. 121. Fountainhall, v. 1. p. 84. & 110.
