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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Strathmore v Earl of Aboyne. [1742] 1 Elchies 102 (26 February 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010102-006.html

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[1742] 1 Elchies 102      

Subject_1 COMPENSATION - RETENTION.

Earl of Strathmore
v.
Earl of Aboyne

1742, Feb. 26.
Case No. No. 6.

Click here to view a pdf copy of this documet : PDF Copy

The question was, Whether an heir can propone compensation on a moveable debt that does not devolve to him, or even an executor can propone it without confirming? Both President and Arniston thought that it was against law, but Arniston admitted that such was our practice;—and upon the question, it carried to adhere to the Ordinary's interlocutor sustaining compensation.

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/1742/Elchies010102-006.html