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Miln of Hatton v The Lady Galraw. (Falconer.) [1715] Mor 1759 (19 July 1715)
URL: http://www.bailii.org/scot/cases/ScotCS/1715/Mor0501759-040.html Cite as:
[1715] Mor 1759
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.
Miln of Hatton v. The Lady Galraw (Falconer.)
Date: 19 July 1715 Case No. No 40.
Lands were adjudged from an apparent heir. His mother intromitting with the rents on her son's right of apparency, was as a bona fide possessor, found not obliged to repeat, till citation in an action of mails and duties against the tenants.
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Miln of Hatton having right by progress to an adjudication led against John Falconer, apparent heir to the deceased Sir John Falconer of Galraw, adjudging from him, as lawfully charged to enter heir to his father, the whole lands that belonged to him, particularly the lands of the Bank of Ballochie: He did insist in an action against the Lady Galraw, for repetition of the rents of the said Bank, intromitted with by her, from 1690 to 1702.
And it being answered for the Lady, That she having intromitted with the rents of the said lands by her son's right of apparency, and applied them to his aliment, (which she instructed) she was bonæ fidei possessor, and not obliged to repeat.
The Lords found the Lady's intromissions with the said rents were bona fide, and ascribable to the aliment and education of the apparent heir, ay and while she was interpelled by the citation in the mails and duties against the tenants.
Act. Archibald Ogilvie.Alt. Horn.Clerk, Roberton.
Bruce, No 120. p. 156.
