Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Jane Lyle, Relict of George Dawling, v. Mr William Crighton, Minister at Falkirk
Date: 13 February 1694
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The Lords found he had the benefit of prescription, introduced by the act 1669, that actions for maills and duties, not insisted in by the space of five years after the tenant removes, shall prescribe, unless it be proven resting by writ or oath; and that these actions shall prescribe, if they be not wakened once in ten years. This poor woman had suffered it to lie over from the 1676 till the 1692, in regard Mr William Crighton's circumstances, till then, were but low. But the Lords thought the prescription introduced by that statute took place whether the tack was verbal or in writ.
