Scottish Court of Session Decisions

Subject_1 BONA FIDE PAYMENT.
Subject_2 SECT. I.

Payment of Rent by Tenants.

Poor George Tersie
v.
Margaret Burnet, Relict of William Strachan in Edindiak, and William Forbes his grandchild

Date: 22 February 1711
Case No. No 12.

Payment to a second son as apparent heir, the eldest being supposed to be dead, was held to be bona fide.

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In the action at the instance of George Tersie, as assignee by Adam Gordon, eldest son and apparent heir to the deceased John Gordon of Murrailhouse, against Margaret Burnet and William Forbes, as representing William Strachan, for the mails and duties of the lands of Murrailhouse, for several years that William Strachan possessed the same as tenant: The Lords sustained the defence of payment by the defenders bona fide to John Gordon, second son to the said deceased John Gordon, who was held and reputed his apparent heir, in respect of his eldest brother Adam Gordon's long absence off the kingdom, and his being held to be dead.

Fol. Dic. v. 1. p. 112. Forbes, p. 503.