Scottish Court of Session Decisions

Subject_1 ARRESTMENT.

Creditor of Hardie, Competing

1742, June 22.
Case No. No. 18.

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The Lords repelled the criticism upon Carmichael's precept of arrestment, which was founded on the way of pointing the precept, which itself was not pointed. 2dly, Found that arrestment in the Treasurer of the Bank's hands was habile to affect any debt then due by the Bank to Hardie, in virtue of the assignation to them. 3tio, Found that Carmicheal's arrestment did not fall by Hardie the common debtor's death. But found, 4to, That Mosman, his relict, having the first complete diligence by confirmation as executor-creditor before any decreet of forthcoming, therefore the relict ought to be preferred agreeably to the reasoning in Harcarse, (Dict. No. 36. p. 2791,) and agreeably to the law where a poinding happens after arrestment before forthcoming. But we did not determine the other point, whether there was any debt due by the Bank to Hardie in 1732 that could be affected by arrestment, wherein we seemed not to agree. The President and I seemed to think the arrestment habile to affect the conditional obligation on the Bank to accept, for there appeared to be no other form of diligence to affect it.