A tenant's exception of bona fidepayment to another, before intenting the cause, which other he offered to prove had been infeft, was repelled, because the defender had paid the two preceding years, to the pursuer's author.
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A tenant being pursued for the mails of the lands possessed by him, who alleging payment made bona fide by him to another, before the intenting of this cause, whom he offered to prove was heritably infeft in the lands libelled holden of the king and to whom, as to his master, lie was in use to pay his duties by the space of five years preceding the year libelled: This exception was repelled, because the pursuer offered to prove that the defender had paid two years immediately preceding the year controverted, the duties of those lands to the pursuer's author of his right; which reply was admitted and the pursuer preferred therein to the defender; albeit the defender being a tenant, alleged that he ought to be preferred, tending to free himself of double payment; which was not respected.
