Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Laird of Rentone
v.
Mr Thomas Woulfe

Date: 9 January 1650

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In the suspension pursued by the Laird of Rentone against Mr Thomas Woulfe, assignee constituted by Mr George Reull, to one thousand merks, aughting by the said Laird to the said umquhile Mr George; the reason was, Compensation; that the said Laird had assignation from his brother George, who was assignee constituted by Janet Crabb, relict of umquhile John Rentoune of Lamertoune, by whose contract of marriage the said John is debtor to the said Janet in £1000, to be paid after his decease, failyieing of children, and likeways in 300 merks by year; and true it is that the umquhile Mr George was executor to the said umquhile John Rentoune, debtor; likeas his cedent, Mr George, having charged the said Laird of Rentone, suspender, he had suspended him also in his lifetime; and also that Mr George was debtor to the said Janet in the half or third of the moveables jure relictæ, and he is ready to compense for any of these sums foresaid. But the Lords found no compensation: because all compensation is de liquido in liquidum; and, suppose sums may seem to be liquid, yet the Laird of Rentone did never constitute the said Mr George his debtor, no not so much as by intention of any process against him, as executor, which is but nudum officium, and may have many exceptions to oppone to the pursuit.

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