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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
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.
