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William Douglas, Chamberlain to the Duke of Roxburgh, v Thomas Chatto of Mainhouse. [1712] Mor 1752 (26 November 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor0401752-032.html Cite as:
[1712] Mor 1752
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. VII.
Whether a preferable infeftment without interpellation will induce mala fides.
William Douglas, Chamberlain to the Duke of Roxburgh, v. Thomas Chatto of Mainhouse
Date: 26 November 1712 Case No. No 32.
An adjudication, with a decree of mails and duties, against a person, year and day at the horn, but before his liferent escheat was gifted, sustained as a title of bona fide possession, till interpelled by a decree of declarator.
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In a process of special declarator, at the instance of William Douglas, as donatar of the liferent escheat of Henry Main, by virtue of a gift from the Duke of Roxburgh superior, against Thomas Chatto, as possessor of some lands belonging to the rebel:——The Lords sustained an adjudication, with a decreet of mails and duties, obtained by the defender against the rebel, after the rebellion, but before the pursuer's gift, for a debt anterior to the rebellion, as a sufficient title of the defender's bona fide possession, till the same ceased by pronouncing of the decreet of general declarator of the liferent escheat; albeit the adjudger was neither infeft, nor had charged the superior; in respect a simple adjudication, with a decreet of mails and duties, is a sufficient title to possess and intromit with the rents.
Fol. Dic. v. 1. p. 109. Forbes, p. 635.
*** The remaining sections of this Title are in Volume V.
