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Scottish Court of Session Decisions >>
Johnston v Ireland. [1610] Mor 1765 (18 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0501765-044.html Cite as:
[1610] Mor 1765
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. IX.
With what Modifications Bona Fide Consumption Saves from Repetition.
Johnston v. Ireland
Date: 18 July 1610 Case No. No 44.
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He who has obtained a decreet in a double poinding, for a principal sum and byruns, against a party not compearing, so long as the decreet stands unreduced, he will bruik the duties received, because the decreet and act of Parliament make these duties to be fructus bona fide perceptos; but he may be decerned to pay back the principal sum, being pursued to that effect, albeit the decreet of double poinding be not reduced, if the party who was absent now pursuing show manifestly that the party that received it had no right.
