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Scottish Court of Session Decisions >>
Agnes Hamilton v William M'Carteney. [1611] Mor 2631 (4 June 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0702631-087.html
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIII.
Real and Personal Rights, Whether Mutually Compensable.
Agnes Hamilton v. William M'Carteney
Date: 4 June 1611 Case No. No 87.
A liquid sum for a house mail cannot be suspended upon compensation, founded upon, the tenant's right of retention of any annualrent, wherein he is infeft furth of the tenement, he having no decree for poinding the ground, nor personal liquid decree against the heritor or liferenter.
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A liquidated decreet for a house-mail cannot be suspended by compensation founded upon the tenant's right of retention of an annualrent, wherein he is infeft furth of the tenement; he having no decreet for poinding of the ground, nor personal liquid decreet against the heritor or liferenter.
