Scottish Court of Session Decisions

Subject_1 BONA ET MALA FIDES.
Subject_2 SECT. II.

Private Knowledge of a Prior Right.

Bouack
v.
Croll

Date: 22 June 1748
Case No. No 10.

A person proved to have known of the assignation of a lease, before he obtained a sub-tack, decerned to remove.

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Beatty having right by succession to a tack, suffered Croll, his brother-in-law, and who had been servant to his predecessor, to keep the natural possession, during which he assigned the tack to Bouack, to be entered on at the Whitsunday following; but, before the term he subset the lands to Croll, making the commencement of his subtack a term preceding the date.

Bouack warned Croll, and pursued a removing, in which it was pleaded, That the defender's right was first clad with possession.

On its being proved, that Croll knew of the assignation when he took the subtack:

The Lords, 11th June, ‘decerned in the removing.’

The Lords refused a bill, and adhered.

Act. W. Grant & Garden. Alt. Burnett. Fol. Dic. v. 3. p. 93. D. Falconer, v. 1. No 263. p. 355.

*** See The same case, voce Tack, from Kilkerran, p. 534.