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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clerk v Ferguson. [1738] 1 Elchies 101 (28 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010101-003.html
Cite as: [1738] 1 Elchies 101

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[1738] 1 Elchies 101      

Subject_1 COMPENSATION - RETENTION.

Clerk
v.
Ferguson

1738, July 28.
Case No. No. 3.

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The Lords adhered to their former interlocutor, finding that the debt due by John to James Murray, as it stood in Glendorch's person, (N. B. He had affected it on the act 1621, as creditor to William Murray the father.) was not compensable by the debt due by William Murray to John. The Lords were much divided, the President and several others being against the interlocutor, which seemed strange to me.

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


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