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 >>
Archibald Stuart v John Marshall. [1695] Mor 797 (28 November 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor0200797-142.html Cite as:
[1695] Mor 797
Arrestment on a decree in absence, found not looseable on caution.
Click here to view a pdf copy of this documet : PDF Copy
Archibald Stuart, younger of Blackhall, by petition, complained, John Marshall, apothecary in Glasgow, having stolen out a decreet against him for L. 250, as the price of drugs, holding him confessed, and thereon had arrested his horses; whereof he had obtained suspension; but the charger either delayed to insist, or would offer to prove his libel by witnesses; and seeing the horses were detained, and in a short time would eat up their own heads, he craved the arrestment to be loosed upon sufficient caution.—The Lords finding the arrestment was laid on by virtue of a decreet, and the suspension posterior thereto, they could not loose it upon caution; but they fell on this medium, if he would consign the full sums in the decreet charged on, they would ordain the same to be loosed, especially seeing the suspender would be reponed against the decreet, when the cause came to be discussed. See a singular case recorded by Stair, 16th July 1661, College of St Andrew's, No 128. p. 791.
