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Scottish Court of Session Decisions >>
James Borthwick v Janet Skene. [1666] Mor 13507 (16 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3113507-036.html
Reduction found to extend to a term before sentence.
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James Borthwick having obtained reduction of Janet Skene's liferent-right, as a non habente potestatem, obtained payment of a term's rent before the decreet of redaction. Janet pursues for that term, and alleges that the decreet of reduction could not be effectual till it were pronounced, albeit it bear her right to be null ab initio, yet that is but stylus curiæ. It was answerd, That the tenant paid bona fide, after reduction obtained and intimated to him, and that the Lords may ex arbitria, find the effect of the reduction either to be a sententia, litiscontestation, or a citation.
“In this reduction the Lords assoilzied the tenant from this term, though before sentence.”
