BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Davidson v Balcanqual. [1629] Mor 2773 (30 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0702773-019.html Cite as:
[1629] Mor 2773
In a competition betwixt an assignee and an arrester, the Lords preferred the arrester, whose execution bore to be two hours before what the intimation bore.
Click here to view a pdf copy of this documet : PDF Copy
A debtor having made his creditor assignee to a debt, owing to him, the term of payment of the which debt owing by the common debtor to the assignee his creditor, was not come by the space of three or four months after the date of the assignation; and this assignation being intimate that same day after the date thereof, that same very day another creditor arrests the same, whose term of payment was past the time of the arrestment; and summons to make the same furthcoming, being pursued by them both, the difference of days of compearance, and citations, was in four or five days, whereof the arrester had the advantage of priority; likeas his arrestment bore the hour of his execution; as also the intimation bore the hour of the making of the same for the assignee, which hour in the arrestment proported a time, which conferred with the hour of the intimation, preceded the same by the space of two hours. The Lords preferred the arrester; the reason specially was, because of the priority of the hour, which the Lords found in this case to be material; for after that moment of arrestment, neither could the common debtor do any thing in prejudice thereof, neither could the intimation, made any space thereafter, affect the debt to the assignee, it being affected of before to the arrester; and the intimation and arrestment bearing these hours, it was found, there needed no other probation to prove the priority.
Act. Stuart.Alt. ———.Clerk, Hay.
Fol. Dic. v. 1. p. 178. Durie, p. 420.
