Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. II.
What understood to be a Liquid Claim.
Gordon of Badinscoth v. Gordon of Inverebry
Date: 9 February 1715 Case No. No 17.
A relict, executrix to her husband, and tutrix testamentary to her son, after marriage with a second husband, claimed bygone annuities. Compensation was proponed upon her intromissions as executrix and tutrix. Repelled as illiquid.
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My Lady Kinnaird having been executrix to the late Earl of Aboyne, her first husband, and tutrix-testamentar to the present Earl, and by virtue thereof intromitted *, and also insisted in a process for her exoneration. It was further objected by the suspender, That she, by several receipts as tutrix and executrix, appears to be debtor to the Earl, and that these pro tanto ought to be a ground of retention or compensation.
Answered for the charger, That this charge, proceeding upon a former decreet in foro, compensation cannot now be obtruded, the same being nowise competent for an illiquid sum, after a decreet for a liquid one; her process for liquidation and exoneration as tutrix and executrix, being still a lis pendens.
The Lords repelled the compensation founded on my Lady's intromission as tutrix or executrix, the same being insisted for in a separate process for liquidation.
Act. Arch. Ogilvie.Alt. Ro. Dundas.Clerk, Mackenzie.
Fol. Dic. v. 1. p. 159. Bruce, No 63. p. 77.
* See Another branch of this cause, voce Husband and Wife, from which the claim for bygone annuities mentioned on the margin appears.
