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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Balcarras v L. Ardross. [1735] Mor 1760 (10 February 1735)
URL: http://www.bailii.org/scot/cases/ScotCS/1735/Mor0501760-041.html
Cite as: [1735] Mor 1760

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[1735] Mor 1760      

Subject_1 BONA FIDE CONSUMPTION.
Subject_2 SECT. VIII.

Mala Fides induced by Process, whether it will take place from Citation, Litis-contestation, or Decree.

Lord Balcarras
v.
L Ardross.

Date: 10 February 1735
Case No. No 41.

A bond and tack of teinds granted in lecto, reduced only a tempore litis contestatæ.


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In reductions of rights, the Lords sometimes reduce the rights from the beginning, sometimes a tempore litis contestatæ; according to their arbitriment; and as they find the party defender to be in bona vel mala fide; so, in the reduction pursued by Lord Balcarras against the Laird of Ardross, of a bond and tack of teinds made by his father the umquhile Sir William Scott. in lecto egritudinis; The Lords reduced the bond and tack, a tempore litis contestatæ.

Fol. Dic. v. 1. p. 111. Auchinleck, MS. (Reduction.) p. 188.

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/1735/Mor0501760-041.html