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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
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.
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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.