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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Balfour v Wilkinson. [1732] Mor 1771 (00 February 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0501771-054.html
Cite as: [1732] Mor 1771

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[1732] Mor 1771      

Subject_1 BONA FIDE CONSUMPTION.
Subject_2 SECT. IX.

With what Modifications Bona Fide Consumption Saves from Repetition.

Balfour
v.
Wilkinson

1732. February.
Case No. No 54.

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The legal of an adjudication was expired many years before, in a reduction, it was laid open.

It was found, that the adjudger was liable to account for his intromission prior to the decree opening the legal, in order to extinguish the debt; but not to the extent of repetition. The plea of bona fide consumption was attempted, but repelled.

Fol. Dic. v. 1. p. 107. Session Papers in Advocates' Library.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0501771-054.html