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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3113240-051.html
Cite as: [1628] Mor 13240

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[1628] Mor 13240      
Subject_1 QUALIFIED OATH.
Subject_2 SECT. VI.

Compensation Extrinsic.

- -
v.
Simpson

Date: 29 July 1628
Case No. No 51b.

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A House rent, which was the ground of pursuit, being referred to the party's oath, he acknowledged the debt, but added, that he had furnished wine to the pursuer to a certain extent. This resolving into an extrinsic exception of compensation, and which was consisting with his resting owing the debt pursued for, it was found, That the pursuer had proved his libel, viz. That the house rent was resting owing, and therefore the Lords decerned for the same, leaving the defender to follow out his ground of compensation as accords.

 Fol. Dic. v. 2. p. 300. Spottiswood.

*** This case is No 283. p. 12450, voce Proof.

*** A similar case is reported by Fountainhall, 5th June 1697, Borthwick against Ramsay, No 1. p. 4981, voce Funeral Charges.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3113240-051.html