[1600] Mor 11391
Subject_1 PRESUMPTION.
Subject_2 DIVISION II. Payment when presumed.
Subject_3 SECT. II. Apocha trium annorum. - Taciturnity.
Wemyss
v.
Lady St Colme
Case No.No 49.
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In an action of nullity of a tack pursued by David Wemyss, heritor of the lands of Dambursel, contra the Lady St Colme and her Son, the Lords fand, That an exception of payment upon an acquittance of three terms was sufficient to induce a liberation of all bygones.
*** A similar decision was pronounced 14th February 1612, Wedderburn against Nisbet, No 21. p. 6322.
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