Presumption that articles claimed have been accounted upon.
Duff v. The Taylors
1684.
February. Case No. No 45.
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A taylor having left his own incorporation tutors-testamentar to his children, and they being pursued for not doing diligence upon some notes and subscribed accounts:
Alleged for the defenders; That it was presumed those notes and accounts, though subscribed, not being in the inventory, were satisfied, especially bearing date some time before the defunct deceased.
Answered; It was not to be presumed, that men who paid debt would leave subscribed papers unretired; and people make short inventories to save charges of quot and confirmation.
The Lords sustained the answer; but found the defenders were not obliged to do diligence for compt-book debts that were not mentioned in the inventory.
Harcarse, (Tutors and Curators.) No 980. p. 277.
*** Fountainhall's report of this case is No 44. p. 3507., voce Diligence.
