BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
M'Larens v Bisset. [1736] Mor 2646 (18 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor0702646-107.html Cite as:
[1736] Mor 2646
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
M'Larens v. Bisset
Date: 18 February 1736 Case No. No 107.
Click here to view a pdf copy of this documet : PDF Copy
A decree had been obtained before the Bailie of the Regality of Balhoussie, against James Bisset, at the instance of the representatives of Edward M'Laren, deceast, for the amount of a bill.
Bisset had counter claims against the deceast, who had died insolvent; and in an advocation pleaded, That they might still be proponed in compensation, on account of the bankruptcy of M'Laren, and that the decree was only of a regality, which ought not to preclude compensation.
Effect was given to the decree, only upon condition of the puruer finding caution to be law-biding for the counter claims. See Appendix.
Fol. Dic. v. 1. p. 165. Session Papers in Advocates' Library.
