Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. II.

Apocha trium annorum. - Taciturnity.

Sir Alexander Reid
v.
Ogilvie

Date: 5 February 1729
Case No. No 65.

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A debtor in a bond bearing annualrent, counting with his creditor, alleged, That, several years before, he had paid the annualrent of one year twice over, which he offered to instruct by one general discharge of that year's aunualrent, and several partial receipts of the same year. The creditor pleaded the apochae trium annorum. He put the case, That he were now insisting against his debtor for some old remains of annualrent, his three last discharges would be objected to him; and he contended, that a creditor is rather better founded who argues from three conseutive payments made by the debtor, that all former scores are cleared betwixt them; and that, in this case, either there never was super-payment, (the general discharge likely having come in place of the partial receipts), or, if there was, that it has been reckoned upon in some of the following discharges. The defence of apocha trium annorum was sustained to the creditor. See Appendix.

Fol. Dic. v. 2. p. 137.