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Scottish Court of Session Decisions >>
Thomson v The Magistrates of Dunfermline. [1747] Mor 11275 (15 December 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor2711275-445.html
What diligence sufficient. - Effect of partial interruption.
Thomson v. The Magistrates of Dunfermline
Date: 15 December 1747 Case No. No 445.
Prescription of a right to manse-mail found interrupted by receipts for partial payments by those who were primarily liable, and other partial payments by parties subsidiarie liable.
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Mr James Thomson, Minister of Dunfermline, pursued the Magistrates before the Regality Court there, for L. 40 Scots yearly of manse mail, allocated to him by a decreet of the Commissioners 1683, with relief to the Magistrates of L. 10 from the heritors of the landward parish; and obtained decreet.
Suspended; for that the Minister produced only a copy of a pretended decreet, together with some receipts to the Magistrates, recovered from the Townclerk, more than 40 years old.
2dly, The decreet was prescribed, in so far as for 40 years the Minister had been in use of uplifting L. 10 from the Town, and L. 30 from the heritors.
Answered; He referred to a horning 1685 on the decreet, which was a sufficient title, and, by practice, ground for a second horning; and his right was saved from prescription, both by his partial receipts from the Town, and by receiving the L. 30 from the heritors, who were subsidiarily liable.
The Lord Ordinary sustained the reasons of suspension; which the Lords, on bill and answers, repelled.—See Proof. (See No 19. p. 8504.)
Act. A. Macdouall.Alt. Ferguson.Clerk, Gibson.
Fol. Dic. v. 4. p. 114. D. Falconer, v. 1. No 224. p. 309.
