Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. V.
Possession upon a right good ex facie, although liable to objections;
Lady Manderstoun v. L Rentoun.
Date: 21 Match 1637 Case No. No 21.
A lady was provided by her contract of marriage to the liferent of teinds. Having divorced her husband, she claimed from a creditor who possessed by apprising. As to by gones he was found in bona fide.
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Lady Manderstoun being provided by her husband in her contract of marriage, to her liferent of some teinds, whereof the right was in her husband's person for long spaces to run, and being lawfully divorced from him, she pursues the Laird of Rentoun for payment of the duties of the said teinds, of all years since her divorcement, viz. by the space of three or four years by-past, whereto she acclaimed right, as if her husband were naturally dead: And Rentoun alleging, That he had lawfully comprised her husband's right of these teinds, albeit after the contract of marriage, yet before the divorcement, in respect whereof he bruiking by virtue of his public right, bona fide fecit fructus perceptos et consumptos suos:——The Lords found this allegeance relevant, to import liberation to him from these bygone, years acclaimed, notwithstanding that the pursuer's right was by virtue of a preceding contract of marriage.
Act. Stuart.Alt. Nicolson & Craig.Clerk, Scot.
Fol. Dic. v. 1. p. 108. Durie, p. 840.
