Scottish Court of Session Decisions

Subject_1 BONA FIDE PAYMENT.
Subject_2 SECT. I.

Payment of Rent by Tenants.

Viscount Annand
v.
Tenants of Eiliston and Scot

Date: 14 December 1622
Case No. No 2.

Tenants are not in bona fide to pay their duties to their master, who is in non-entry, after the action of non-entry intented against them. They ought to raise a multiplepoinding.

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The Viscount Annand, donatar to the non-entries of certain lands which pertained to umquhile Scot of Boniton, pursued the tenants of the lands decerned in non-entries, by a summons intented in March 1612, and obtained decreet, and thereafter charged the tenants to pay the Whitsunday's mails last by past.—They excepted, That they could not be debtors for any term preceding the declarator, but had paid the mails bona fide to their preceding master.—It was answered, That they were in mala fide to pay after the intenting of his cause; but should have raised double poinding, wherein he would have been preferred in respect of his decreet: Which reply the Lords found relevant.

Fol. Dic. v. 1. p. 112. Haddington, MS. No 2701.