Scottish Court of Session Decisions

Subject_1 COMPENSATION - RETENTION.

Creditors of Kinsterie
v.
Ross

1742, Dec. 7.
Case No. No. 7.

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1st, We sustained the objection to the decreets of constitution and adjudication, that the assignations or translations by Richard, Isobel, and Lilias, were not on stamped paper. 2d, Repelled the objection, that the bond of relief was not produced in the process of constitution, and repelled the objection that Mr James Winchester was not designed in the bond of relief by Kinsterie, in respect of the settled account among the four obligants, the other three bonds of relief and articles of depositation, all of the same date, and relative to this bond, and duly signed,—and repelled the objection, that that account was no finished transaction. 3tio, Found that Kilravock elder could apply any debts due to him by Kinsterie to compense the debts due by him to Kinsterie, so as to save this debt secured by inhibition, and that he might also retain the debts for security and relief of his engagements for Kinsterie, and that it is competent to young Kilravock to plead the same, notwithstanding the decreet in absence against the heir of Kinsterie. But remitted to the Ordinary to hear them as to the debts due by young Kilravock to Kinsterie.