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Scottish Court of Session Decisions >>
Arbuthnot v Lockwood and Gibson. [1739] Mor 3077 (19 January 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0703077-002.html Cite as:
[1739] Mor 3077
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A real creditor upon a bankrupt estate having agreed with the debtor to accept of a certain sum in full of his claims, the debtor consigned the money upon the creditor's refusing to hold bargain, and thereupon obtained an interlocutor in his favour, declaring the creditor's claims upon the estate extinguished.
In the mean time, during this dispute between the creditor and the debtor, certain creditors of the creditor arrested the consigned money, some before, some after this interlocutor; and in the competition among these arresters, notwithstanding it was alleged for the arresters after the interlocutor, that, till the said interlocutor passed, the consigned money remained the property of the consigner; the Lords ‘preferred the prior arresters,’ the supervening interlocutor being considered only as declaratory.
