Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Lord Kilsyth
v.
Robert Balfour

Date: 14 January 1625

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In an action of double poinding, at the instance of the Lord Kilsyth, who was debtor to David Lennox in 500 merks, conform to his bond, for the which he was charged, at the instance of Robert Balfour, as assignee made thereto by the said David Lennox, and which assignation was intimated upon the 18th day of June 1623; and which charges were suspended by the Lord Kilsyth, upon double poinding, as being distressed therefor, on the one part, by the assignee, and as being distressed, on the second part, by John Abernethy in Glasgow, who had arrested the money in the Lord Kilsyth's hands, to be made forthcoming to him, for satisfying of a debt owing to Abernethy by Lennox, and that his arrestment was execute the same 18th June, 1623, which is the very day of Balfour's intimation of his assignation;—the Lords preferred the assignee to the arrester, because, the arrestment being made the said 18th June 1623, no further diligence was done by the arrester since then, whereas the assignee, upon his bond, assignation, and intimation, had raised charges of horning, and, being drawn in question, and desired to be discussed in this suspension and double poinding, he could no more exact diligence, the other party never having raised any charge or summons since then, to make the money furthcoming to him, upon his arrestment, which naked arrestment the Lords respected not.

Act. per se. Gibson, Clerk.

Vid. 26th January 1625, Andrew Cowper; 28th January 1625, Lo. Kilsyth; 14th February 1623, L. Saltcoats.

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