Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XV.
Concursus Debiti et Crediti.
Bowhill v. Jackson
Date: 26 February 1709 Case No. No 124.
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An assignee to a tack pursued the tenant for the rent. The tenant proponed compensation, 1st, That his master owed him a sum per bond; 2dly, That he was cautioner for him in another sum, and had engaged himself in hopes of retaining his rent, in relief.——The Lords found, that the intimation of the assignation interrupted the compensation for the rents which fell due after the intimation, but that there was concursus debiti et crediti for the prior years, and compensation applied.
