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Scottish Court of Session Decisions >>
Earl of Winton v Countess of Winton. [1666] Mor 9047 (16 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2209047-186.html Cite as:
[1666] Mor 9047
Whether recourse against curators bars reduction. - Whether reduction takes effect ab initio or only from decree.
Earl of Winton v. Countess of Winton
Date: 16 February 1666 Case No. No 186.
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The Earl of Winton pursues a reduction of an agreement made by his tutors and curators with my Lady, giving her a certain duty for her interest in his coal, as being minor and lesed, in so far as by her contract, she had only right to the fourth part of the coal in his property; now his coal for several years has been in his feuers' lands, by reservation in their rights. And also craved the bygones. It was answered, That bona fide possessor facit fructus consumptos sous; the Lady by the agreement could not count for the years's duty she had gotten. It was answered, That this holds not in the case of minority and lesion. It was answered, That albeit minority repones as to any principal right, yet not as to the fruits and accrescences medio tempore.
“The Lords reduced, but assoilzied the Lady from repetition.”
