Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Rory M'Kenzie, Minister at Avach, v. George M'Kenzie of Rosehaugh
Date: 29 November 1694
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Mr Rory M'Kenzie, minister at Avach, against George M'Kenzie of Rosehaugh, for paying the expense of building a manse, which the defender, as principal heritor, was liable in. The defence was, This being a claim of reparations, it was prescribed, not being pursued within five years; conform to the act 1669, whereby all bargains anent moveables prescribe in that time.
Answered,—This case does not fall under the quinquennial prescription introduced by that act. 2do. Though it did, the visitation made by the presbytery, by the bishop's order, being a document in writ, interrupted the prescription.
The Lords repelled the defence, and found it probable prout de jure; and allowed him to prove he built it, and what he expended thereon.
