Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.

John Campbell
v.
Colonel Halkett

Date: 21 July 1747
Case No. No. 29.

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Earl of Breadalbane, in 1688, got the Council's recommendation to the Treasury for L.300 sterling, and in 1693 he gave it to Sir Patrick Murray, Receiver-General, on his holograph obligement, to pay the money if it should be allowed to him in his accounts in 1696. It was allowed, and in 1736, when the 40 years prescription was almost run, John Campbell, Cashier to the Royal Bank, as assignee by the Earl, pursued Colonel Peter Halkett, as representing Sir Patrick Murray, for the money. Minto first sustained the 20 years prescription, and 14th January 1747, we adhered. But afterwards, 19th February, we altered, and found the obligement probative of the facts therein contained; for the majority then thought that the holograph obligement was not the ground of action, but Sir Patrick's account in Exchequer, and that the obligement was no more than a declaration of the trust. But thereafter we altered a second time. We did not adhere to our interlocutor, 14th January, but took the whole circumstances of the case under consideration, and found that no action lay ort that obligement, 9th June 1747.— Adhered, 21st July.