Subject_1 ARRESTMENT. Subject_2 Arrestment affects only bygones and the term current.
Brown v. Tenants and Haliburton
Date: 23 March 1624 Case No. No 89.
Arrestment affects the current terms rent, though laid on before it could be demanded from the tenant, because dies cessit. See Lesly against Cunningham, No 91. p. 766.
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In an action pursued at the instance of one Brown, for making of the mails and duties of a tenement of land in Edinburgh furthcoming, which was arrested in the tenants hands, for satisfying of a debt owing to him by his debtor, master to the tenants, and heritor of the land; wherein compeared one Haliburton, who had acquired, from the said heritor, infeftment of the said tenement, before the pursuer's arrestment, for debt owing to the said Haliburton, and who had set a back-tact to the heritor, the common debtor, for yearly payment of a certain duty, with provision, if he failed in payment two terms, the tack should expire, and the land remain with him irredeemably, whereupon he had obtained a declarator, decerning the tack to be expired; which declarator was obtained in December 18. 1623, and the summons and action was intented before the term of Martinmas the same year 1623, which term's mail was only controverted in this process; wherein the Lords, notwithstanding of the date of the summons, and subsequent declarator, preferred the pursuer, who had arrested before the date of the said summons, and would not draw back the declarator, to give the excipient right to the said term's duty preceding his sentence; but found, that it should begin only to take effect for the subsequent terms, notwithstanding of his heritable right preceding the arrestment: And the Lords found, that the arrestment affected the mails of that term, albeit it was laid on before the term of payment, and before the same could be sought from the tenants, seeing the same was running and dies cessit the time of the arrestment.
Act. Mowat.Alt. Haliburton.
Fol. Dic. v. 1. p. 57. Durie, p. 122.
