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Scottish Court of Session Decisions >>
Campbell v Lo. Kinclaiven. [1626] Mor 2565 (6 December 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0602565-021.html Cite as:
[1626] Mor 2565
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
Campbell v. Lo Kinclaiven.
Date: 6 December 1626 Case No. No 21.
Found as above.
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In a suspension betwixt Campbell and Lo. Kinclaiven; the Lords would not admit a reason of compensation upon a debt of victual, owing to the suspender by him who was charger, to pay a liquid sum contained in the sentence obtained against the suspender, albeit the debt of the victual was instantly verified by writ, and the non-liquidation of the victual was alleged to be no impediment to the compensation, being referred to the oath of the charger; which the Lords would not admit, because the debt of the victual was verified by a contract only, whereupon no execution was used; and if the party had been charged to pay the same, he had reasons wherefore he could not be debtor for the same.
Act Stuart.Alt. King.Clerk, Hay.
Fol. Dic. v. 1. p. 160. Durie, p. 242.
