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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Antonius Leslie v Leslie of Pitcaple. [1744] 2 Elchies 92 (15 February 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies020092-006.html Cite as: [1744] 2 Elchies 92 |
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[1744] 2 Elchies 92
Subject_1 BONA ET MALA FIDES - BONA FIDE PAYMENT.
Antonius Leslie
v.
Leslie of Pitcaple
1744 .Feb .15 ,24 .
Case No.No. 6.
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In the case of the entail, Balquhain, decided February 1741, (Vide Tailzie,) the first appeal, which was that session, was withdrawn for informality, and a new one served in December 1741; before which Pitcaple, pursuant to our decreet, got payment of rents for crop 1740; and in April 1742 our decreet was reversed; and in a process of repetition of these rents at Count Antonius's instance, the Lords sustained the defence of fructus bona fide precepti as to all rents levied before December 1741. (See Dict. No. 6. p. 1723.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
