BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
William Oliphant v Hamilton. [1666] Mor 2633 (00 December 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0702633-090.html Cite as:
[1666] Mor 2633
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIII.
Real and Personal Rights, Whether Mutually Compensable.
William Oliphant v. Hamilton
1666.
December. Case No. No 90.
The bygones of an infeftment of annualrent are moveable, and therefore compensable by any liquid debt of the annualrenter, even against a singular successor in the annualrent right.
Click here to view a pdf copy of this documet : PDF Copy
Oliphant pursuing a poinding of the ground upon an annualrent, it was alleged absolvitor from the bygones before the pursuer's right, because his author was debtor to the defender in a liquid sum equivalent. It was answered, That the pursuer was singular successor, and no personal debt of his authors could infer compensation of a real right against him.
The Lords found, that the bygone annualrents were moveable and compensable with any liquid debt of the pursuer's authors.
