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Subject_1 PRESCRIPTION.
Date: Wemyss
v.
Alexander Clerk
28 June 1749
Case No.No. 32.
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A messenger in 1721 gave receipts to a merchant for some bills, on which diligence had followed, without saying for what end, but probably to recover payment; and in 1744 he sued him upon these receipts to return the bills or pay the contents, and Kilkerran decerned. But on a reclaiming bill we refused to sustain action upon such receipts, at so great a distance of time, though there was no prescription, because the defender did not disown his subscription, but averred in general that he had either returned the writings or paid the money, if he received any payment from the debtors.
The electronic version of the text was provided by the Scottish Council of Law Reporting