Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. IX.
With what Modifications Bona Fide Consumption Saves from Repetition.
Colonel John Erskine v. Sir George Hamilton
Date: 21 January 1715 Case No. No 51.
Bona fides saves from repetition of super-intromissions after extinguishing any extinguishable right in the possessor's person.
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In the competition betwixt these parties about the lands of Tulliallan, the Lords having, by interlocutor of the 17th of February 1714, (which is marked with the whole state of the case in the Journal of that Session*), found Sir George Hamilton's possession ascribeable to the preference in the decreet 1682, grounded on the Earl of Kincardine's disposition in 1678, until Sir George founded on his other rights to support that disposition, and that he did found on his other rights for supporting that disposition in the month of July 1701; and therefore found him accountable since the said month of July 1701, and that his possession and intromission ought to be imputed to extinguish the said separate rights accordingly: Upon a reclaiming bill given in this day by Sir George, and answers for the Colonel,
The Lords adhered to the former interlocutors and deliverances, finding Sir George accountable for his intromissions since the month of July 1701, ad hunc effectum only, for extinguishing his rights, but not for repetition of superintromissions; and refused the desire of the petition accordingly.
For Colonel Erskine, Ro. Dundas.Alt. Graham.Clerk, Mackenzie.
Bruce, No 34. p. 44.
