Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
A v. B
Date: 25 February 1747 Case No. No 110.
Decided in conformity with No 106. p. 2642.
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On a verbal report of an Ordinary, Whether compensation was competent after decree in absence, following on a summons against one of many debtors? The Lords demurred till precedents should be looked out; and a former case being condescended on, wherein the suspender had been admitted to plead compensation, in respect of that speciality that the decree had been taken against the defender called among many other debtors; the Court judged accordingly, and ‘allowed the suspender to propone compensation.’
Fol. Dic. v. 3. p. 149. Kilkerran, (Compensation & Retention.) No 2. p. 136.
