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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bowhill v Jackson. [1709] Mor 2657 (26 February 1709)
URL: http://www.bailii.org/scot/cases/ScotCS/1709/Mor0702657-124.html
Cite as: [1709] Mor 2657

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[1709] Mor 2657      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XV.

Concursus Debiti et Crediti.

Bowhill
v.
Jackson

Date: 26 February 1709
Case No. No 124.

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An assignee to a tack pursued the tenant for the rent. The tenant proponed compensation, 1st, That his master owed him a sum per bond; 2dly, That he was cautioner for him in another sum, and had engaged himself in hopes of retaining his rent, in relief.——The Lords found, that the intimation of the assignation interrupted the compensation for the rents which fell due after the intimation, but that there was concursus debiti et crediti for the prior years, and compensation applied.

Fol. Dic. v. 1. p. 166.

*** See The particulars No 61. p. 2612.

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/1709/Mor0702657-124.html