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Scottish Court of Session Decisions >>
Anderson v Schaw. [1739] Mor 2646 (20 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0702646-108.html Cite as:
[1739] Mor 2646
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
Anderson v. Schaw
Date: 20 July 1739 Case No. No 108.
Found in conformity with No 105. p. 2642.
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Compensation not admitted after decree, though this ground of compensation was not in the suspender's person at the time of obtaining the decree, but acquired by him posterior thereto, in respect of the generality of the terms of the statute.
The like was again found, 9th December 1742, William Hogg merchant in Edinburgh, and the other creditors of Robert Paterson merchant in Saltcoats, against Patrick M'Calla merchant in Saltcoats, (infra.)
Fol. Dic. v. 1. p. 165. Kilkerran, (Compensation.) No 2. p. 134.
