Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Archibald Douglas
v.
Lauder

1627, December 15;and 1628, March 5.

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The minister of Northberwick, being addebted to one Lauder, makes him assignee to certain victual, to be paid to him by Sir John Hoome, for his stipend of the crop I627. The assignation is dated in March 1627, and, immediately thereafter, intimated to the said Sir John, in April I627. The said minister borrows from another man a certain sum, upon his bond, to be paid in September following. Archibald Douglas arrested the victual in Sir John Hoome's hands in July; and, October thereafter, raises summons against the said Sir John, to hear and see the arrested goods forthcoming to him. Compears Lauder, for his interest, and alleges, That he ought to be preferred, by reason of his assignation, first intimated, before arrestment; and Douglas alleges he used great diligence, in so far as he both arrested and raised summons first. Lauder alleged that Douglas's diligence was nimia, because he raised before the term of payment was come. The Lords preferred the assignee.—15th December I627; and, 5th March 1628.

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