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[1709] Mor 11093      
Subject_1 PRESCRIPTION.
Subject_2 DIVISION IX.

Triennial Prescription.
Subject_3 SECT. IV.

Triennial Prescription of Accounts, Act 1579. c. 83.

Lord and Lady Ormiston
 v.
Hamilton

Date: 11 November 1709
Case No. No 296.

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Found that an accompt for a person's funeral, mournings of the family, and their maintenance to the next term after his death, taken off by a negotiorum gestor, who was neither heir nor executor, did not continue the currency of a former accompt due by the defunct to the same merchant to interrupt prescription thereof quoad modum probandi.

 Fount. Forbes.

*** This case is No 2. p. 4981. voce Funeral Charges.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor2611093-296.html