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Scottish Court of Session Decisions >>
Logan v Couts. [1678] Mor 2641 (5 February 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0702641-102.html Cite as:
[1678] Mor 2641
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
Logan v. Couts
Date: 5 February 1678 Case No. No 102.
Compensation not receivable against the decreet of an inferior court.
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Couts having obtained decreet before the Magistrates of Aberdeen against Logan, he suspends on compensation, alleging, though the decreet bears compensation, it bears no mandate, and that the suspender was out of the country at that time.
The Lords found, That the compensation was not relevant post sententiam, though the decreet had been in absence, unless the decreet were annulled by improbation of the executions, or otherwise, in respect the act of Parliament anent compensation allows the same only ante sententiam, and not thereafter.
