Scottish Court of Session Decisions

Subject_1 BONA ET MALA FIDES - BONA FIDE PAYMENT.

Christian Begg
v.
Mr Thomas Rigg

1751, July 3.
Case No. No. 7.

Click here to view a pdf copy of this documet : PDF Copy

In 1718, Mr Rigg purchased from Enterkine lands, that had been feued out by the family of Loudon cum decimis inclusis. It appears that some stipend had been allocated on them about a century ago, but no evidence that any stipend had been paid but once in 1700; and in 1702 Enterkine obtained decreet in absence of repetition against the Minister, and he in 1703 raised reduction of that decreet, but went no further, and no more stipends were demanded till 1740; that that Minister's relict sued Mr Rigg for the stipends from 1718 till the Minister's death in 1738;—and Drummore found him liable. But we in respect of his infeftment cum decimis inclusis, and that no demand had been made from 1703 till 1740, sustained his defence of bona fide possession. 3d July We altered and repelled the bona fides, and found Mr Rigg liable, unanimous except Justice-Clerk,—because the defender's charters though cum decimis inclusis contained a reddendo for the tithes, and an obligement to relieve of the King's annuity, and the Minister had two hornings in 1688 and 1695, and there was some evidence of possession before 1700.—(5th February.)