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Scottish Court of Session Decisions >>
Lady Hisleside v Baillie of Littlegil. [1683] Mor 1765 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor0501765-045.html Cite as:
[1683] Mor 1765
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. IX.
With what Modifications Bona Fide Consumption Saves from Repetition.
Lady Hisleside v. Baillie of Littlegil
1683.
January. Case No. No 45.
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Found, that an apprising extinguished within the legal, by the debtor's disponing a part of the comprised lands, coming in the person of a singular successor to the appriser, might be titulus bonæ fidei against repetition of the fruits intromitted with by the singular successor, unless the rights and progress in his own hand did instruct and narrate, that the apprising was satisfied; but found, that though such a singular successor would be safe against repetition, yet, if there was another debt due to him the time of his intromission, by the party whose lands were apprised, it ought to be applied towards the satisfaction of that debt.
Fol. Dic. v. 1. p. 107. Harcarse, (Comprising.) No 284. p. 67.
