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Scottish Court of Session Decisions >>
Mowatt v Creditors of Richardson. [1615] Mor 695 (4 December 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor0200695-026.html Cite as:
[1615] Mor 695
Subject_1 ARRESTMENT. Subject_2 What Subjects Arrestable.
Mowatt v. Creditors of Richardson
Date: 4 December 1615 Case No. No 26.
Arrestment found incompetent, While a bond remained heritable, before a charge was given.
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In an action of quadruple poinding, pursued by Alexander Mowatt against the creditors of John Richardson, the Lords found that could not make arrestment, because the time of making thereof his bond was heritable, and sasine was given to him of an annualrent for his sum. And albeit, there was a provision of the bond that it should be lawful to charge for the principal without registration; yet before that charge, the sum remained heritable, and so they preferred one George Smith to him.
