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Scottish Court of Session Decisions >>
The Executors of George Brown of Horn v Davidson of Balgay. [1694] 4 Brn 142 (6 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040142-0321.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Executors of George Brown of Horn v. Davidson of Balgay
Date: 6 February 1694
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The Lords repelled the first two objections against the compensation, and found it was materially inter easdem personas, and was liquid; but sustained the last ground urged against the compensation, viz. that it was proponed post sententiam, contrary to the Act of Parliament 1592, albeit it was proponed in the former decreet, and there repelled illo ordine; which the Lords interpreted not to found a compensation in a suspension of that decreet, but that it might be free to them to insist in it by way of action. There were likewise sundry nullities proponed against the decreet itself, against which the compensation was sought; such as, that the commission for selling the gloves at Queen's-Bridge, with the confession of the party as to the price he received for them, are only proven by the assertion of the clerk, extractor of the decreet, without any other adminicle in write; and that the because of the decreet bore, in regard the defender refused to subscribe a submission: but, seeing the Lords repelled the compensation hoc loco, there was no need of deciding thir nullities.
