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Anent Bona Fide Possession. [1671] 2 Brn 586 (18 November 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020586-0983.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Bona Fide Possession
Date: 18 November 1671
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Where a man possesses by a coloured title, whereof reduction is raised at the instance of one who has a better right, yet he retains possession ay till sentence; quæritur, if he be obliged to restore the fruits consumed by him between the citation and the sentence, if fructus perceptos facit suos usque ad sententiam. I think not, for though the citation puts him in mala fide to dispone and alienate rem litigiosam, yet it puts him not in mala fide to possess ay and while your right be found better; seeing dubius est eventus litis, and till I see your right I think my own good. See Mackeinzie's Observations on the act of Parliament 1621, page 137.
