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In an action to make arrested goods furthcoming, betwixt Anderson, pursuer, and Gordon alleged debtor to Maxwell the pursuer's debtor, for making furthcoming to the pursuer a sum addebted by Gordon to Maxwell, and arrested by the pursuer in Gordon's hands, for payment of his debt owing by Maxwell, this Maxwell being at the horn, and his escheat disponed and gifted, and declared by a general declarator at the donatar's instance, before the executing of the arrestment at the pursuer's instance; and which donatar compeared in this process, and desired to be preferred to the creditor pursuer;——The Lords preferred the donatar to the creditor pursuer, in respect of the said general declarator obtained before the arrestment, albeit no special declarator was obtained by the donatar.
Act. Mowat.Alt. Cuninghame.Clerk, Gibson.
Fol. Dic. v. 1. p. 255. Durie, p. 348.
