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Macghie v Tinkler. [1776] Mor 11112 (17 December 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor2611112-317.html Cite as:
[1776] Mor 11112
Triennial Prescription of Accounts, Act 1579. c. 83.
Macghie v. Tinkler
Date: 17 December 1776 Case No. No 317.
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Tinkler, quarter-master to a regiment, was charged before the bailies of Dumfries by Macghie, for payment of L. 10 Scots, as the value of a boll of beans bought from the latter, and 1s. 6d. for drying and breaking another boll; and decreet being given in terms of the libel, the defender, in a suspension, pleaded the triennial prescription; against which it was urged, That the defender having left the country with his regiment, and gone to England, the pursuer became non valens agere; for it would have been absurd to bring an action in a foreign country for such a trifle. The Lords sustained the plea of prescription. See Appendix.
