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Scottish Court of Session Decisions >>
Nicolas Barclay v Alexander Clerk. [1683] Mor 2641 (00 January 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Mor0702641-103.html Cite as:
[1683] Mor 2641
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XIV.
Compensation or Retention not Proponable after Decree.
Nicolas Barclay v. Alexander Clerk
1683.
January. Case No. No 103.
Compensation allowed even after decree, when the charger is vergens ad inopiam.
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A party, against whom a decreet in absence in his minority, was recovered by an assignee, raised suspension and reduction upon a reason of compensation on a debt due by the cedent; it was alleged, That, by act of Parliament, compensation is not receivable after sentence, and the act making no exception of minors, the suspender's omission to propone compensation debito tempore, must cut him off from the benefit thereof; as the short prescriptions, where law doth not expressly except minors, such as possessory judgements, creditors not pursuing within three years after the debtor's death, run against minors.
The Lords, in respect the cedent was now absolutely bankrupt, sustained the reason of compensation, proponed after sentence by the minor. See The case following.
Fol. Dic. v. 1. p. 165. Harcase, (Compensation.) No 255. p. 60.
