Found again in conformity with Wood against Powrie, No 467. p. 11319.
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A spuilzie being intented, and the summons executed debito tempore within the prescription, viz. within three years after the committing, which was committed in anno 1601; and, after citation, having lain over, without continuation, calling, or wakening, until the year 1622, at which time it was transferred; and after the transferring, being wakening and called this day; and the defender alleging, That it was prescribed, in so far as albeit it was intented debito tem pore, yet seeing it lay over 22 years after the intenting, during which space nothing was done therein, both the parties being dead, by that long intermission it was prescribed, sicklike as if it had not been intented in due time. This allegeance was repelled, for the Lords found, that the lying over of the cause, being once intented lawfully, made it not fall under prescription.
Clerk, Scot.
Fol. Dic. v. 2. p. 131. Durie, p. 499.
