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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Walker v Mainquhair. [1632] Mor 2639 (17 February 1632)
URL: https://www.bailii.org/scot/cases/ScotCS/1632/Mor0702639-099.html
Cite as: [1632] Mor 2639

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[1632] Mor 2639      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XIV.

Compensation or Retention not Proponable after Decree.

Walker
v.
Mainquhair

Date: 17 February 1632
Case No. No 99.

Found as above.


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

In an action pursued by one Walker against Mainquhair, wherein decreet was obtained by the pursuer, the defender raises suspension and craves compensation of a just debt alleged, owing by the pursuer to the defender, which he instantly verified. It was alleged, By the act of Parliament, Ja. VI, Parl. 12th, cap. 143, no compensation ought to be allowed after decreet; which allegeance the Lords sustained, in respect of the act of Parliament, although it was thought by many that the act was hardly conceived.

Fol. Dic. v. 1. p. 165. Auchinleck, MS. p. 30.

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


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URL: https://www.bailii.org/scot/cases/ScotCS/1632/Mor0702639-099.html