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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Larens v Bisset. [1736] Mor 2646 (18 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor0702646-107.html
Cite as: [1736] Mor 2646

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[1736] Mor 2646      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XIV.

Compensation or Retention not Proponable after Decree.

M'Larens
v.
Bisset

Date: 18 February 1736
Case No. No 107.

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A decree had been obtained before the Bailie of the Regality of Balhoussie, against James Bisset, at the instance of the representatives of Edward M'Laren, deceast, for the amount of a bill.

Bisset had counter claims against the deceast, who had died insolvent; and in an advocation pleaded, That they might still be proponed in compensation, on account of the bankruptcy of M'Laren, and that the decree was only of a regality, which ought not to preclude compensation.

Effect was given to the decree, only upon condition of the puruer finding caution to be law-biding for the counter claims. See Appendix.

Fol. Dic. v. 1. p. 165. Session Papers in Advocates' Library.

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/1736/Mor0702646-107.html