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Scottish Court of Session Decisions >>
Campbell v Hog. [1729] Mor 820 (15 February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor0200820-171.html Cite as:
[1729] Mor 820
Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Campbell v. Hog
Date: 15 February 1729 Case No. No 171.
Arrestment on a bill, although bearing only value in account, preferred to arrestment on a dependence.
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In a competition betwixt two arresters, the one upon a dependence, the other upon a bill of exchange, the Lords preferred the arrestment upon the bill, though the bill did not bear value received, but only value in account, because such a bill creates a valid obligation, and has parata executio; but found that the arrester must instruct that he is creditor to balance, and that his preference is to be restricted to the balance not exceeding the sum in the bill.
