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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Rachel Inglis, Petitioner
Date: 30 June 1696
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Rachel Inglis, relict to John Trumball of Minto, represented, by a petition, That she had right, by progress, to a bond due by Mr William Auchmouty, who had been out of the kingdom these many years, ever since her right, and it was within a few weeks of the forty years' prescription; and she had intimated the same at the market-cross of Edinburgh and pier and shore of Leith; but was informed he was now within the kingdom, riding in some of the King's troops, but knew not which; and so she had done all in her power to interrupt the prescription, being neither able to apprehend him personally nor to find out his dwelling-house therefore craved the Lords would sustain her diligence as a sufficient interruption.
The Lords considered, If there was any process depending, they might allow an edictal citation as to such who had no fixed domicile, or at the market-cross of the shire where the troop he rode in lay; but, hoc ordine, they refused the bill, and declared they would take the same to consideration when any process on the debt should be intented, and the defence of prescription founded on.
