Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION IX.

Triennial Prescription.
Subject_3 SECT. IV.

Triennial Prescription of Accounts, Act 1579. c. 83.

Minister at Kilbucho
v.
A Tenant

Date: 28 December 1628
Case No. No 278.

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Mr Robert Elliot, minister at Kilbucho, pursued N. for the duty of his glebe-land, for the crops 1623 and 1624, which he had set to him for a certain duty. Alleged, That this being of the nature of house mails, was prescribed by the 83d act of Parliament 1579, and so could not be proved but by writ or oath of party. The Lords repelled this allegeance, and found that the act of Parliament did not extend to the duties libelled.

Fol. Dic. v. 2. p. 120. Spotiswood, (De Præscriptione & Usucapione.) p. 236. *** Auchinleck reports this case:

1628. December 13.

The minister of Kilbucho, in December 1628, pursues a tenant who had occupied his glebe for the farm thereof, crops 1623 and 1624. It was alleged by the defender, That the said libel could not be proved but by writ or oath of party, because the pursuit was of the nature of those actions and debts which prescribed, except they were founded upon writs, conform to the act of Parliament James VI. Parliament sixth, cap. 83. The Lords repelled the exception, and would not extend the said act to farms or mails of land.

Auchinleck, MS. p. 162.