Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
The Earl of Marshal v. Brag
1662.
June. Case No. No 100.
Compensation received in a suspension of a decree of a baron court.
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The Earl of Marshal obtains a decreet in his own court, against his tenant Charles Brag, for payment of a certain quantity of farm; which was suspended upon this reason, That he ought to have compensation of a liquid debt owing by the Earl to him. It was answered, That the compensation is not receivable post sententiam by the act of Parliament 1592. It was replied, That an act of a baron court is not to be repute such a sentence as that act means by; seeing such sentences are only against tenants for their masters' duties, wherein defences consisting in jure, are proper to be disputed, neither can tenants have the benefit of advocates in such courts.
The Lords sustained the compensation by way of suspension.
