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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Intosh v Baillie. [1758] 1 Elchies 346 (3 July 1758)
URL: http://www.bailii.org/scot/cases/ScotCS/1758/Elchies010346-035.html
Cite as: [1758] 1 Elchies 346
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[1758] 1 Elchies 346
Subject_1 PRESUMPTION.
M'Intosh
v.
Baillie
1758 ,July 3 ,Aug. 10 .
Case No.No. 35.
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The Court found unanimously that compensation does not stop the running of the quinquennial prescription of tenants' rents; so that after five years they cannot be obtruded to compense a debt due by the landlord to the tenant, though it was due before the five years; and found also that the prescription runs equally where the tenant run away out of the country, as when he removed in a regular way. 10th August Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting