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Sir John Scot having pursued for payment of an annualrent of 500 merks out of Sir John Preston's lands, he alleged payment; thereupon litiscontestation being made, he produces three receipts, each L. 500, bearing to an account, and alleged that the odd 50 merks were for public burden; which completing three years, must assoilzie from bygones. It was answered, The dicharges bore to be granted by a factor, which was not probative, and that they wanted witnesses, and that, being given by a factor, they could not infer payment of all preceding. It was answered, That discharges of annualrents or rents are sufficient without witnesses.
The Lords found, That discharges to tenants were sufficient without witnesses, but not being granted by an annualrenter to an heritor; and found that the factor's discharge could not infer payment of bygones.
Fol. Dic. v. 2. p. 137. Stair, v. 1. p. 481.
*** The reverse was found, 14th February 1612, Wedderburn against Nisbet, No 21. p. 6322. & No 7. p. 7181.
