Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PRESCRIPTION.
Subject_3 The vicennial prescription, in terms of 1669, c. 9, of a holograph missive letter of relief, found to commence precisely from its date, and that the Act admits not of any latitude in that respect, even in a question with the heir of the creditor, pleading both ignorance of his right and that it was in its nature not an absolute obligation, but pendent upon a condition, and therefore the prescription could only begin to run from the time of the distress, as in the case of warrandice.

Alexander Hume of Coldingham
v.
Alexander Donaldson

Date: 19 January 1773

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(Faculty Collection, VI. 122; Dictionary, 10, 992.)

Kaimes. I doubt whether the vicennial prescription can take place while there was no distress. Besides Hume was ab agendo.

Auchinleck. The law distrusts such holograph obligations, and, therefore, after twenty years, holds them to be good for nothing, unless instructed by oath. The subsistence of such obligation depends on its age, not on the casual condition of the granter.

On the 19th January 1773, the Lords sustained the defence of vicennial prescription; adhering to Lord Stonefield's interlocutor.

Act. James Grant. Alt. John Douglas.