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Cite as: [1707] Mor 2616

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[1707] Mor 2616      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. VII.

Effect Relative to Executors and Executors-creditors.

Lees
v.
Dinwoodie

Date: 10 December 1707
Case No. No 68.

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The Lords having reduced a posterior confirmation of a creditor, because the relict had already obtained herself confirmed; and she next pursuing the said creditor for restitution of some of the defunct's goods, which he had poinded by virtue of his said title, which was found null; yet the Lords allowed him compensation upon the debt due to him by the defunct.

Fol. Dic. v. 1. p. 162.

*** See The particulars, No 4. p. 2546.

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/1707/Mor0602616-068.html