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Scottish Court of Session Decisions >>
William Cockburn v Robertson and Sleich. [1697] Mor 1732 (12 February 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor0401732-013.html Cite as:
[1697] Mor 1732
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. III.
Private Knowledge of a Preferable Right.
William Cockburn v. Robertson and Sleich
Date: 12 February 1697 Case No. No 13.
The plea of bona fides was not sustained to support the sole possession of a coheir, the other co-heir being reputed dead. The presumption is for life.
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Arbruchell reported William Cockburn, son to Provost Cockburn in Haddington, against Robertson and Sleich, for the half of the mails and duties, as heir-portioner with her to his uncle. Alleged, The pursuer having gone out of the country to Barbadoes, and being reputed dead, I Sleich served sole heir to my brother, by which colourable title I having possessed, the bygones are fructus bona fide consumpti et percepti.—Answered, 1mo, Bona fides is not in lucrative titles of succession and the like, but only where the cause is onerous, as amongst creditors or purchasers. 2 do, The presumption lay for me, that I was still alive; and my father appeared at your service, and protested against the inquest, if they should retour you sole heir.——The Lords repelled the defence founded on the bona fides in respect of the two answers.
Fol. Dic. v. 1. p. 110. Fountainhall, v. 1. p. 766.
