Click here to view a pdf copy of this documet : PDF Copy
There was one Wood, as assignee to an action of spuilzie, that pursued the Laird of Powrie Ogilvie for the spoliation of certain goods. It was answered, Quod non competebat actio after the prescription of three years, conform to act of Parliament, the action not being pursued within the said space. It was answered, That the pursuer had intented his action before the running of the said three years. To which it, was answered, Quod sola citatio non interrumpebat nisi lis fuisset contestata, or judicial act of precept had been deduced, and led thereafter. Answered, Quod secundum doctores et præcipue Guido papæ decis. 416. numero et decisione 488. si citatio instruat de qua re agitur, tunc interrumpitur præscriptio, ut in presenti casu, the defender was summoned, being personally apprehended, and a copy delivered to him, whereby he might he sufficiently certiorated. The Lords found according to the decision, That the citation and summons was sufficient, in respect the defender was personally apprehended, to stop the prescription.
