Action was sustained on a promissory note and a bill, although after 17 years, and the granted dead.
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John Crawford of Daleagles granted a promissory note, 16th April 1749, obliging him to pay on demand, or make compt for the sum of L. 7 Sterling; and a bill for L. 22 Sterling, 22d July that year, to Robert Farquhar in Town-head of Catrine.
Robert Farquhar, in 1746, raised action for these sums against Adam Crawfurd Newal of Daleagles, as representing the granter, and obtained decreet; which being suspended, the Lord Ordinary, 7th February, ‘Found the letters orderly proceeded.’
Pleaded in a reclaiming bill: In all other countries bills are not permanent securities: Lord Stair, speaking of their being probative, though wanting solemnities, says, if they ly over they would not be probative, b. 4. tit. 42.§ 6. The Lords have often found no action lay on them after lying over, 5th December 1744, Homes against Anderson; D. Falconer, v. 1. p. 16. voce Presumption; 11th February 1747, Garden against Rigg, No 188. p. 1628.; 31st January 1749, Wallace, against Lees, No 189. p. 1631.; and this bill has lain over for seventeen years. The note is presumed to have been included in the bill, as the obligation was to pay or account.
The Lords refused and adhered.
Pet. Brown.
Fol. Dic. v. 3. p. 91. D. Falconer, v. 2. No 206. p. 249.
