Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. II.

Apocha trium annorum. - Taciturnity.

Marquis of Annandale
v.
Johnston of Elshieshiels

Date: 18 July 1728
Case No. No 64.

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Found, That the apocha trium annorum inferred a sufficient discharge of all bygones, even where some of these bygones were constituted by writ. N. B. The writ here was not a bond for a liquid sum of money, but a note only, whereby the debtor became bound “to make just count, reckoning, and payment of his bygone feu and teind-duties, and of what he was resting thereof since his last discharge;” though it was pleaded, that this made no difference; because, if ever these bygones had been counted upon, the said note would have been given up to the debtor. See Appendix.

Fol. Dic. v. 2. p. 136.