Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. II.

Apocha trium annorum. - Taciturnity.

Lady Errol
v.
Cruikshanks

Date: 16 July 1605
Case No. No 52.

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My Lady Errol pursued Cruikshanks for many years duties. He excepted upon payment of the last three years duty, which he offered to prove by writ or oath of party; and consequently, that the same behoved to infer liberation of all preceding years. It was answered, That the allegeance should be repelled for two causes, 1mo, Because he was pursued for the yearly duties of the lands, the grassum thereof every five year; and he excepted no ways upon any payment of the grassum; next, That he was pursued as heir to his umquhile father before his decease. The Lords found the exception relevant for the ordinary yearly duty of the land during his own occupation; and repelled the allegeance, and found process for every five years grassum during the defender's occupation, and for the years alleged owing by his father, which they found not to be taken away by payment made of the last three years by the defender.

Fol. Dic. v. 2. p. 136. Haddington, MS. No 916.