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Scottish Court of Session Decisions >>
Lord Halkerton v Drummond. [1729] Mor 1799 (00 January 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor0501799-028.html Cite as:
[1729] Mor 1799
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.
Lord Halkerton v. Drummond
1729.
January. Case No. No 28.
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The purchaser of an estate, upon which there was an infeftment of annual rent, having made payment of the same to an heir who had only a general service, and had not established the infeftment in his person; this was not found to be bona fide payment, because he might have seen the infeftment in the register, and ought to have known the defect of the creditor's title.
