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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leod of Genzies v M'Leod of Cadboll. [1746] 2 Elchies 52 (29 June 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Elchies020052-026.html
Cite as: [1746] 2 Elchies 52

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[1746] 2 Elchies 52      

Subject_1 ARRESTMENT.

M'Leod of Genzies
v.
M'Leod of Cadboll

Date: 29 June 1746
Case No. No. 26.

Impetrating an arrestment.


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M'Leod of Genzies having obtained our decreet against Cadboll, charged him to pay, and Cadboll solicited some of the charger's creditors to arrest in his hands, and at last purchased one of his debts to found a compensation; but being advised that the compensation would not be sustained, he caused arrest in his own hands in name of his cedent, and thereupon obtained suspension; and at discussing, Cadboll having denied the fact, a proof was allowed, and it having been sufficiently proved, we found Cadboll liable in Genzies' whole expense, which we taxed to L.60 sterling, and fined him in L.20, payable to the clerk for the use of the poor. (See Dict. No. 331, p. 12185.)

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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