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Scottish Court of Session Decisions >>
The Creditors of Elizabeth Heriot v Sir Andrew Ramsay. [1677] 3 Brn 174 (26 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030174-0208.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Creditors of Elizabeth Heriot v. Sir Andrew Ramsay
Date: 26 July 1677
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In the case of the Creditors of Elizabeth Heriot against Sir Andrew Ramsay, in whose hands they had arrested her annuity yearly of 300 merks; it went to the Lords' answer, whether this money, being of the nature of an aliment, was arrestable, yea or not. They found it was, in the general case; and arrestable, because it had succeeded in place of real rights upon the estate of Waughton, that she and her husband had disponed to Abotshall. 2do, There was a speciality in Isaack Brand, baxter, his debt, who was one of the arresters, because it was contracted for meat and drink; and so being alimentary too, was equally privileged, for privilegiatus contra privilegiatum non gaudet suo privilegio.
II. It was doubted how far an arrestment of an annuity will affect and reach, whether the whole year or only the term and current half-year, which is the opinion of some. See Sir G. Lockhart's information for my father against the Laird of Nidry, about arresting the rents of Carington by Nidrie.
