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In an action at the instance of Gavin Ross against Fleming, for payment of the farms and duties of certain lands to this pursuer, as heir to his father, and which rested owing to his father, who had right to the lands, and the duties thereof were owing for certain years bygone, by the space of 28 or 30 years since the decease of his said umquhile father, and were now acclaimed by the pursuer, as heir to him, by virtue of a tack of the lands set to his umquhile father, and whereto he had right, as heir foresaid to him; the Lords found, that the action for the farms and duties foresaid come not under the act of prescription, viz. the 83d act, Parliament 6th, James VI. 1579; but that the pursuer had action therefor, and might prove the same, otherways than by writ or oath of party, notwithstanding of that act of Parliament.
