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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Intosh of Aberander v John Baillie. [1753] 2 Elchies 463 (10 August 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies020463-035.html
Cite as: [1753] 2 Elchies 463

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[1753] 2 Elchies 463      

Subject_1 PRESCRIPTION.

M'Intosh of Aberander
v.
John Baillie

Date: 10 August 1753
Case No. No. 35.

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Prescription of land-rents runs, notwithstanding the master was debtor to the tenant during the five years in another debt, wherein these debts might have been compensated, and that debt so far extinguished; yet the prescription runs of the rents, and the master cannot plead compensation unless he prove resting owing by oath. Vide 5th July 1681, Dickson against Macauley, (Dict. No. 288. p. 11090.)

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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