Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIII.
Real and Personal Rights, Whether Mutually Compensable.
Arnot v. Rankine
1682.
February. Case No. No 94.
In an infeftment of annualrent according to the new form, where there is both a subsisting personal obligation, and an accessory infeftment in security, compensation was not admitted against a singular successor, unless upon debts due by the cedent before infeftment, when the bond was merely personal.
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In an action of poinding the ground, at the instance of David Arnot against Rankine of Pettie, The Lords found, that compensation founded upon personal bonds, tickets or other obligements, and tacks for payment of tack duties, could not be sustained to extinguish an infeftment of annualrent against a singular successor.
Fol. Dic. v. 1. p. 164. Sir P. Home, v. 1. No 142.
