Scottish Court of Session Decisions

Subject_1 BONA FIDE PAYMENT.
Subject_2 SECT. I.

Payment of Rent by Tenants.

Boyd and Grahame
v.
Malloch

Date: 23 November 1677
Case No. No 10.

Payment in consequence of an informal apprising, obtained before process, held to be bona fide.

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Boyd and Grahame having apprised the Lady Bairfoord's liferent, pursue Robert Malloch, as having right to a prior apprising led by Agnes Brunton, as being satisfied by his and his author's intromission. It was alleged for the pursuers, That Brunton's apprisings being upon two sums, the decreet for the greatest was turned into a libel before the apprising; and so it was without warrant and null, not only as to that sum, but as to the whole; for apprisings have ever been reduced upon any informalities, or the defect of any of the sums apprised for. It was answered, That as to the exorbitant advantages of apprisings, by expiring of the legal, and carrying unproportionable rights, they have been strictly considered by the Lords, and easily reduced, but not as to the just and equal effects for recovering payment of the sums; and here the appriser's possession, and satisfaction, is before any process by these pursuers, and is payment obtained bona fide, Which is sustained with any colourable title.

Which the Lords found relevant, the defender instantly astructing the verity of the sums apprised for.

Stair, v. 2. p 565.