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Scottish Court of Session Decisions >>
Thomson v Law. [1624] Mor 1737 (17 February 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0401737-017.html Cite as:
[1624] Mor 1737
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. V.
Possession upon a right good ex facie, although liable to objections;
Thomson v. Law
Date: 17 February 1624 Case No. No 17.
An incumbent granted a liferent commission to an office. The succeeding incumbent appointed another. The liferent was found effectual, but the profits were found to be bona fide consumed in in the mean time by the other.
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John Thomson being provided to the office of procurator-fiscal of the commissariot of Glasgow, by John Archbishop of Glasgow, during all the days of his lifetime; he is thereafter deprived from that office, by James Archbishop of Glasgow, and Mr James Law provided thereto, who served in the office for the space of three or four years; after the which, the said John obtains a sentence against the said James Archbishop, and also against the said Mr James Law, reducing the said deprivation ab initio; after the which, he pursues Mr James Law for the profits of the office, these years wherein Mr James bruiked the office before the reduction; from the which pursuit, the Lords assoilzied the defender, because the defender was provided to the office for these years, and served therein bona fide, and so ought to have the casualties thereof for his service, the pursuer neither having served in these years, nor having made any interruption to the defender, but being all that time silent; and albeit that deprivation was reduced ab initio, yet the Lords found it not enough to produce this action, seeing that reduction was not intented till after the years libelled, for the which the defender was convened, in the which years he had served bona fide, as said is; which the Lords found sufficient to elide this pursuit.
Act. ——.Alt. Nairn.Clerk, Hay.
Fol. Dic. v. 1. p. 108. Durie, p. 111.
