Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. II.

Apocha trium annorum. - Taciturnity.

Earl of Marshall
v.
Fraser of Strichen

1682. February.
Case No. No 62.

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In an action at the instance of the Earl Marshall against Thomas Fraser of Strichen for certain bygone mails and duties, the Lords found, That three subsequent discharges granted by the Earl's chamberlain did not liberate the tenants from preceding years, but only from the years mentioned in the discharges, the Earl being sequestrate for the time, and not valens agere.

Fol. Dic. v. 2. p. 137. Sir P. Home, MS. v. 1. No 145.