Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION XIV.

Presumptions arising from lapse of time.

Stewart
v.
Trustees of Houston

Date: 15 July 1760
Case No. No 313.

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In an action for payment of a bill, which had lain over for twenty-seven years, without diligence done on it, or interest paid, it appearing that the debtor, who had frequently borrowed small sums from the charger, was in use to pay him by furnishing lime to his farm, and that after the date of the bill he had furnished a large quantity of lime; the Lords found, in respect of the circumstances of the case, That no action lay upon the bill.

Fol. Dic. v. 4. p. 129.

*** This case is No 197. p. 1638. voce Bill of Exchange.