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Fletcher of Benscho v The Earl of Airly. [1693] 4 Brn 41 (6 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040041-0090.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Fletcher of Benscho v. The Earl of Airly
Date: 6 January 1693
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Fletcher of Benscho against the Earl of Airly; who alleged, you cannot get any adjudication, because I have a reduction of the ground of your debt, and offer to prove it extinct by payment.
Answered,—This allegeance may stop all adjudications, which ought to proceed summarily.
The Lords found, if this was the first adjudication, it might be stopped by this allegeance; but not if there were prior adjudications, or comprisings, either expired, or in cursu; seeing this creditor was only seeking to make up a title whereon he might call these prior rights to account, or quarrel them.
