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Scottish Court of Session Decisions >>
E. of Linlithgow v Laird of Airth. [1616] Mor 2564 (31 January 1616)
URL: http://www.bailii.org/scot/cases/ScotCS/1616/Mor0602564-019.html Cite as:
[1616] Mor 2564
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. III.
Quod statim liquidari potest pro jam liquido habetur.
E of Linlithgow v. Laird of Airth
Date: 31 January 1616 Case No. No 19.
Originally instant liquidation was not permitted.
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In an action betwixt the E. of Linlithgow and the L. of Airth, theLords refused to receive an exception of compensation, founded upon certain bygone teind duties addebted by the E. of Linlithgow to the Laird of Airth, because the same consisted in victual, notwithstanding that Airth was content to refer debt, victual, and process to the charger's own oath.
