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.

Mr Thomas Johnston
v.
M'Gregor

Date: 19 July 1665
Case No. No 21.

Found in conformity with No 19. p. 1788.

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Mr Thomas Johnston having obtained the gift of bastardy of one M'Gregor, and declared in general; insists now in his special declarator against Patrick M'Gregor, for 2000 merks belonging to the bastard.—It was alleged absolvitor; because there was a gift granted in the usurper's time, and declared, whereupon the defender had transacted with the donatar, and satisfied him, and obtained his discharge.—It was answered, non relevat, because in the act of Parliament confirming judicial procedure under the Usurper, gifts of bastardy, and all following thereupon, are excepted; so that the. defender had no defence in the point of right; and as for his bona fides, it was only relevant for what was truly paid, but not for what was in his hand.

The Lords repelled the defence, in respect of the reply.

Fol. Dic. v. 1. p. 113. Stair, v. 1. p. 309.