Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Ker
v.
Colthird and Paterson

Date: 19 November 1623

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In an action betwixt Ker against Colthird and Paterson,—the Lords found that an arrestment might be used for a debt, contained in an obligation made to him who arrested, whereof the term of payment was not come at the time of the making of the arrestment; and also found that, where two parties, contending upon priority of diligence, and for the benefit of prelation in their debt,—that seeing they both had done all diligence which lawfully and possibly every one of them might have done, and nothing omitted,—that albeit the one party was sometime before the other in diligence, yet that therefore he should not be preferred to the other for his whole debt, but that it should be proportionably divided.

Act. Hope. Alt. ——. Scot, Clerk.

Vid. 1st March 1623, L. Blair; 26th February 1633, Rutherford; 5th February 1624, Wood against Waddel; 21st February 1624, Brown against L. Johnstoun; 23d March 1624, Brown against Haliburton.

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