Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIII.
Real and Personal Rights, Whether Mutually Compensable.
William Oliphant v. Hamilton
1666.
December. Case No. No 90.
The bygones of an infeftment of annualrent are moveable, and therefore compensable by any liquid debt of the annualrenter, even against a singular successor in the annualrent right.
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Oliphant pursuing a poinding of the ground upon an annualrent, it was alleged absolvitor from the bygones before the pursuer's right, because his author was debtor to the defender in a liquid sum equivalent. It was answered, That the pursuer was singular successor, and no personal debt of his authors could infer compensation of a real right against him.
The Lords found, that the bygone annualrents were moveable and compensable with any liquid debt of the pursuer's authors.
