[1751] 1 Elchies 345
Subject_1 PRESCRIPTION.
Mr Fullerton's Case
1751 ,July 27 .
Case No.No. 34.
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Mr Fullerton having in 1727 borrowed up from the clerk his client's writs in a process (but whether decreet had been pronounced in it did not appear) which were not again enquired for till 1749, that I think a process was raised for them, and after diligence granted, they could not be found;—and Lord Milton, Ordinary, reported to us without informations, Whether Mr Fullerton was after so many years bound by an office receipt to produce the papers or pay damages? and we found him no further liable than to depone as in an exhibition.
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