Scottish Court of Session Decisions

Subject_1 BONA FIDE PAYMENT.
Subject_2 SECT. II.

Payment to a Person who has lost his Right; to one who is not the true Creditor; to a Creditor denuded. Bona Fide Payment must be actual and real Payment.

Blackburn
v.
Wilson

Date: 10 February 1610
Case No. No 14.

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Tenants who have made payment of their farms mails and duties to their master, being at the horn, before declarator was got of his escheat, will not be compelled to pay over again the said farms and duties of the same years, to the donatar obtaining thereafter declarator of their master's escheat and liferent; but the donatar will have action for these terms only against the rebel's self.

Fol. Dic. v. 1. p. 113. Haddington, MS. No 1795.