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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Oliphant v Hamilton. [1666] Mor 2633 (00 December 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0702633-090.html
Cite as: [1666] Mor 2633

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[1666] Mor 2633      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XIII.

Real and Personal Rights, Whether Mutually Compensable.

William Oliphant
v.
Hamilton

1666. December.
Case No. No 90.

The bygones of an infeftment of annualrent are moveable, and therefore compensable by any liquid debt of the annualrenter, even against a singular successor in the annualrent right.


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Oliphant pursuing a poinding of the ground upon an annualrent, it was alleged absolvitor from the bygones before the pursuer's right, because his author was debtor to the defender in a liquid sum equivalent. It was answered, That the pursuer was singular successor, and no personal debt of his authors could infer compensation of a real right against him.

The Lords found, that the bygone annualrents were moveable and compensable with any liquid debt of the pursuer's authors.

Fol. Dic. v. 1. p. 164. Stair, v. 1. p. 423.

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/1666/Mor0702633-090.html