Subject_1 BONA FIDE CONSUMPTION. Subject_2 SECT. IX.
With what Modifications Bona Fide Consumption Saves from Repetition.
The Town of Perth v. The Lord Gray
Date: 18 July 1750 Case No. No 56.
A person whose right to fishing was found to be excluded, found to have possessed bona fide, and not to be liable for damages.
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The Lords having, 9th January last, in the cause betwixt the Town of Perth and the Lord and Lady Gray, voce Property, found, That the Town had the only exclusive right of fishing upon the lead and channel of the river, interjected betwixt the island of Sleepless, and the opposite north bank of the said river; the Town insisted for damages occasioned by the Lord Gray's fishing, condescending on a sum retained by their tacksmen on that account; and for the rent received by the Lord Gray, during the time his tacksmen fished.
The Lord Ordinary, 10th February, “sustained the defence, that the defenders possessed bona fide, and found them not liable for the damages alleged sustained by the pursuers, nor to account for the rents of the fishing received by them, the defenders, during their possession.”
On bill and answers, the Lords adhered.
Act. R. Craigie.Alt. W. Grant.
D. Falconer, v. 2. No 149. p. 174.
