Prescription, by the Law of which Country regulated.
Bryan Barret of London, Laceman, v. Alexander Earl of Home
Date: 4 February 1772 Case No. No 71.
Found as above.
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Barret sued the Earl of Home, as representing his brother, the late Earl, inter alia, for furnishings made to him between the years 1752 and 1759, conform to an account produced, amounting to L. 114: 4: 1 Sterling; during the currency of which account, the deceased Earl had resided in London, and the different articles were there delivered to him.
The defender pleaded, That this debt was cut off by the triennial prescription; and cited the decisions in the case of Randal against Innes, No 70. p. 4520, and in the question between himself and Mrs Jean Kerr, on this very point, No 71. p. 4522.
‘The Lords sustained the defence of prescription pleaded against the account libelled, and assoilzied the defender from the conclusions of the libel as to said account.’
Act. W. M'Kenzie.Alt. Rae.Clerk Ross.
Fol. Dic. v. 3. p. 220. Fac. Col. No 3. p. 4.