Bona fide consumption – An adjudication obtained in 1678, being found extinguished by receipts of the rents: in a subsequent action of count and reckoning, the Court having found the defence of bona fides sufficient to liberate till the date of the interlocutor, finding the adjudication compensed, and that the defenders were not put in mala fide by the citations and arrestments, the judgment is reversed, and they are ordered to account from the date of the arrestments used at commencement of the former action.
Costs and Expences – In an action relative to the commencement of mala fides the Court having found that the same did not commence from the date of citation and arrestment, but from the date of the decree, and refused the pursuer his expences; on a reversal of the judgment, it is ordered that the Court tax, and ascertain the expences in that action, and that the same be then paid to the appellant.
[1722] UKHL Robertson – 405, (1722) Robertson 405
Bailii
Scotland
Updated: 24 July 2021; Ref: scu.553737
