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.

Lord Halkerton
v.
Drummond

1729. January.
Case No. No 28.

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The purchaser of an estate, upon which there was an infeftment of annual rent, having made payment of the same to an heir who had only a general service, and had not established the infeftment in his person; this was not found to be bona fide payment, because he might have seen the infeftment in the register, and ought to have known the defect of the creditor's title.

Fol. Dic. v. 1. p. 113.

*** See This case, voce Service of Heirs.