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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.
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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.
