Alexander, Thomas, and William Forbesses, and their Curators, v. Forbes
Date: 9 July 1673 Case No. No. 177.
A father being denounced rebel and fugitate for murder, payment made to him of a debt, as administrator to his children, was not sustained.
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In a pursuit at the instance of the said brothers, against John Forbes of Balfling, as executor to Forbes of Lesly, for payment of 1000 merks left in legacy by Forbes of Lesly, it was alleged that he had bona fide made payment to the pursuer's father, who was their administrator in law. It was replied, That that payment could be no ground of a defence, because he could not be reputed administrator the time of the payment, being denounced rebel by criminal letters, for not compearing to underly the law for a murder, and having fled out of the country where he lived before that time; so that the defender was not in bona fide to make payment. The Lords did repel the defence in respect of the reply, and found, that his being denounced and fugitive being notourly known, the defender was in mala fide to make payment to him, who could never have pursued or recovered decreet as administrator.
