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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Corsan, and Rae, Her Husband, v Maxwell of Barncleugh. [1738] 2 Elchies 92 (26 January 1738)
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Cite as: [1738] 2 Elchies 92
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[1738] 2 Elchies 92
Subject_1 BONA ET MALA FIDES - BONA FIDE PAYMENT.
Date: Corsan, and Rae, Her Husband,
v.
Maxwell of Barncleugh
26 January 1738
Case No.No. 4.
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An adjudger in possession having also a disposition from his debtor, which was reduced ex capite inhibitionis by another creditor, (who was also apparent heir,) and then defending himself by his adjudication, then expired, till the legal was found open, and the adjudication satisfied; in the question, a quo tempore he was liable in repetition of the rents over what paid his adjudication, the Lord Ordinary found him liable from the decreet reducing the disposition; but the Lords found him only liable from the interlocutor opening the legal of his adjudication; and found that his intromissions before that period ought not to be imputed in extinction even of personal debts in the adjudger's person, other than such as could compete with the pursuer's debts and diligence. Vide inter eosdem, voce Inhibition.
The electronic version of the text was provided by the Scottish Council of Law Reporting