Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION XIV.

Presumptions arising from lapse of time.

Alexander, &c Wilsons
v.
William Wilson

Date: 26 November 1783
Case No. No 314.

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An elder brother had intromitted with the whole effects of his father on his becoming superannuated, and incapable of attending to his affairs. Thirteen years afterward the representative of the elder brother was sued in an action, at the instance of the younger children, for rendering to them an equal distribution of those effects.

The Lord Ordinary having found the defender liable to account, he reclaimed to the Court; when it was

Observed on the Bench: To admit claims of this sort, especially among country people, at so great a distance of time from the predecessors death, would be the source of much injustice. The reasonable presumption is, that the funds have been properly applied by the elder brother.

Upon advising the petition for the defender, with answers for the pursuers, the Lords altered the Lord Ordinary's judgment, and assoilzied.

Lord Ordinary, Alva. Act. Ro. Craigie. Alt. Lord Advocate Erskine, Bailie. Clerk, Menzies.. Fol. Dic. v. 4. p. 129. Fac. Col. No 129. p. 203.