Subject_1 ARRESTMENT. Subject_2 Decree of furthcoming after the common debtor's death. Subject_3 *** In an arrestment upon a dependence, if the common debtor die before the claim be established against him by decree, the process must be transferred against his representatives; but, if decree be recovered against the common debtor himself, there is no necessity for transferring it after his death against his representatives; calling them alone is sufficient to found the arrester in his action of furthcoming; arrestment not falling, by the death of the common debtor, as it is does by the death of him in whose hands it is laid.
Fol. Dic. v. 1. p. 58.
Spittle v. Scott
Date: 26 February 1624 Case No. No 107.
Even where the debt was liquid, transference required. See Somervel against Herriot, No 110. p. 781.
Click here to view a pdf copy of this documet : PDF Copy
Mr Alexander Spittle having registrate a bond of 2000 merks, owing by Scott of Dryop, younger, to him, arrested certain goods and gear belonging to him in his father's hands, old Dryop. Afterwards, the young man being dead, he charged the father to make the arrested goods furthcoming, which was not sustained until he first transferred the decreet in his heir's person.
Fol. Dic. v. 1. p. 58. Spottiswood, (Transference.) p. 340.
