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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Gibson v Sir Richard Murray. [1748] 2 Elchies 52 (9 November 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Elchies020052-027.html Cite as: [1748] 2 Elchies 52 |
||
[New search] [Printable PDF version] [Help]
[1748] 2 Elchies 52
Subject_1 ARRESTMENT.
Date: David Gibson
v.
Sir Richard Murray
9 November 1748
Case No.No. 27.
Click here to view a pdf copy of this documet : PDF Copy
A Curator having accepted a bill for an account due by his pupil, Campbell of Kilberry, Murray, the creditor, assigned the bill to Sir Richard Murray; but before the assignation, Gibson, as creditor to Murray, arrested in the hands of Kilberry, whose debt it originally was; and in a competition, Lord Dun had preferred Sir Richard the assignee; but on a reclaiming bill, we unanimously preferred Gibson the arrester, because Kilberry remained still debtor, notwithstanding the bill; and though the account was prescribed quoad modum probandi, yet Killberry still owed the debt. (See Dict. No. 26, p. 2777.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
