Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
William Shiels v. Gavin Nisbet
Date: 11 February 1682
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In the action, William Shiels, merchant, against Gavin Nisbet, cordiner; the Lords, on Pitmedden's report, refused to repone Nisbet to a defence which was competent to him in a former count and reckoning, whereon there was a decreet extracted, and which was then omitted by him.
The defence now sought to be received was, That Shiells ought to hold count and reckoning to him for what rents of his lands he might have intromitted with and did not, not being legally debarred. Quær, if this competent and omitted would exclude Nisbet, if he should raise an action for payment and declarator that Shiells should be liable for those rents which, ejus culpa, he lost.
