[1736] Mor 2646
Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. XIV. Compensation or Retention not Proponable after Decree.
Date: M'Larens
v.
Bisset
18 February 1736
Case No.No 107.
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A decree had been obtained before the Bailie of the Regality of Balhoussie, against James Bisset, at the instance of the representatives of Edward M'Laren, deceast, for the amount of a bill.
Bisset had counter claims against the deceast, who had died insolvent; and in an advocation pleaded, That they might still be proponed in compensation, on account of the bankruptcy of M'Laren, and that the decree was only of a regality, which ought not to preclude compensation.
Effect was given to the decree, only upon condition of the puruer finding caution to be law-biding for the counter claims. See Appendix.
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