Triennial Prescription of Accounts, Act 1579. c. 83.
Elizabeth Tweedie v. Williamson of Cardrona
Date: 8 June 1694 Case No. No 294.
Click here to view a pdf copy of this documet : PDF Copy
Elizabeth Tweedie, relict of Nisbet, mason, pursues Williamson of Cartdrona, upon an agreement for the wages in building his house. Alleged, It is not pursued within three years, and so is prescribed by the act of Parliament 1579, quoad modum probandi by witnesses. Answered, This is not of the nature of house-mails, servants fees, &c. and therefore cannot be comprehended under the general clause, because these things are soon consumed and gone like fruits but it ought not to hold in houses, and such things that remain and are of long endurance; and she ought to be allowed to prove by witnesses present what was the bargain, and she was content to stand to his oath as to his payments; but the Lords finding the law general, would not distinguish so nicely; for then it may be extended to many things else, as watches, rings, and silver-work; that because the subject is extant, therefore the prescription should not take place.
Fol. Dic. v. 2. p. 120. Fountainhall, v. 1. p. 619.
