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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Hamilton v William M'Carteney. [1611] Mor 2631 (4 June 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0702631-087.html

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[1611] Mor 2631      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XIII.

Real and Personal Rights, Whether Mutually Compensable.

Agnes Hamilton
v.
William M'Carteney

Date: 4 June 1611
Case No. No 87.

A liquid sum for a house mail cannot be suspended upon compensation, founded upon, the tenant's right of retention of any annualrent, wherein he is infeft furth of the tenement, he having no decree for poinding the ground, nor personal liquid decree against the heritor or liferenter.


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A liquidated decreet for a house-mail cannot be suspended by compensation founded upon the tenant's right of retention of an annualrent, wherein he is infeft furth of the tenement; he having no decreet for poinding of the ground, nor personal liquid decreet against the heritor or liferenter.

Fol. Dic. v. 1. p. 165. Haddington, MS. No 2192.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0702631-087.html