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Scottish Court of Session Decisions >>
Balfour v Wilkinson. [1732] Mor 1771 (00 February 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0501771-054.html Cite as:
[1732] Mor 1771
Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. IX.
With what Modifications Bona Fide Consumption Saves from Repetition.
Balfour v. Wilkinson
1732.
February. Case No. No 54.
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The legal of an adjudication was expired many years before, in a reduction, it was laid open.
It was found, that the adjudger was liable to account for his intromission prior to the decree opening the legal, in order to extinguish the debt; but not to the extent of repetition. The plea of bona fide consumption was attempted, but repelled.
Fol. Dic. v. 1. p. 107. Session Papers in Advocates' Library.
