Subject_1 ARRESTMENT. Subject_2 In whose hands Arrestments may be used.
L Innerweek v. Wilkie
Date: 10 January 1624 Case No. No 62.
Found, that by an arrestment in a debtor's own hand, his whole goods were so hypothecated, that they could not be disponed in prejudice of the arrester.
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In an action pursued by the L. Innerweek contra John Wilkie and the Lady Bothwell, wherein John Wilkie being called for delivery to the Laird of Innerweek of a certain quantity of wool, which was arrested by him in the Lady Bothwell's hands being her wool, and to be made furthcoming by her to him, for satisfaction of a debt, which was owing by her to him, and whereof the term of payment was not come at the time of the arrestment; after the which arrestment, the said John Wilkie had bought the said wool from the Lady Bothwell, and received the same from her, and therefore he was desired to render the same, or the prices thereof, as it was worth at the time of his buying and receiving thereof.——The Lords found, That this arrestment, albeit it was only made in the Lady Bothwell's own hands, and noways known to the buyer, nor intimate to him, yet did so affect the wool really at the instance, and to the behoof of the arrester, that after the laying on of the same, none could profitably bargain, or do any deed which might frustrate the effect of the arrestment, and prejudge him of execution thereupon; and therefore sustained the action against John Wilkie, albeit he was a third person, to whom the arrestment was never known, and albeit he was in bona fide et probabili ignorantia, to have contracted with the Lady Bothwell for that wool, which they found could not derogate from the pursuer's arrestment; and also sustained the action, for the prices which that wool was then worth, at the defender's buying thereof, and would not restrict the pursuit to such prices, for the which the defender bought the wool, but permitted the pursuer to prove the prices according to the worth thereof. Thereafter the pursuer past from all greater prices, except such as were agreed upon by the defender, to be paid for the wool at the time of the buying thereof.
Act. Stuart.Alt. Belshes.Clerk, Scot.
Fol. Dic. v. 1. p. 57. Durie, p. 96.
