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Scottish Court of Session Decisions >>
James Stirling v Lady Auldbarr's Tenants. [1616] Mor 779 (18 February 1616)
URL: http://www.bailii.org/scot/cases/ScotCS/1616/Mor0200779-105.html Cite as:
[1616] Mor 779
Subject_1 ARRESTMENT. Subject_2 Decree of furthcoming after the common debtor's death. Subject_3 *** In an arrestment upon a dependence, if the common debtor die before the claim be established against him by decree, the process must be transferred against his representatives; but, if decree be recovered against the common debtor himself, there is no necessity for transferring it after his death against his representatives; calling them alone is sufficient to found the arrester in his action of furthcoming; arrestment not falling, by the death of the common debtor, as it is does by the death of him in whose hands it is laid.
Fol. Dic. v. 1. p. 58.
James Stirling v. Lady Auldbarr's Tenants
Date: 18 February 1616 Case No. No 105.
Found necessary to transfer a summons of furthcoming on account of the party's death, although litisconrestation had been made during his life, and the term for proving circumduced.
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Found necessary to transfer a summons to make arrested farms furthcoming, in respect of the decease of the party summoned for his interest, notwithstanding litiscontestation was made against the principal party called, and all farther probation renounced. But yet they ordained the tenants, who were called for the farms arrested, to compear to give their oaths, and assigned a day for that effect, and declared they would not give sentence till the process was transferred.
