Scottish Court of Session Decisions

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

Nairn
v.
William Miller

Date: 18 March 1629

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Barbara Thomson, relict and administratrix with her husband's goods and gear, is pursued by one Nairne, before the commissary, for a debt owing to him by the defunct, and he obtains decreet against her; as also, another creditor, William Miller, pursues her for another debt owing by her husband, and for house-mails owing by him before his decease, before the bailies of Edinburgh; and he obtains decreet against her, as having arrested the household gear wherewith she intromitted, to make the arrested goods forthcoming for the debt, and likewise for the house-mail. She, having intromitted with no more but the plenishing of the house, suspends upon double poinding. It was alleged by Nairn, That he ought to be preferred, because he had obtained decreet before the Commissaries, who were the only competent judges in a matter of this kind; and that William Miller's decreet ought not to be respected, as given by the bailies, who were not competent judges to consistorial causes; as also, the decreet to make the defunct's gear forthcoming, by virtue of an arrestment made before any decreet was obtained, at his instance, against some persons representing the defunct, was null. The Lords found this decreet was null, in so far as it concerned the making arrested goods forthcoming; but sustained the same for the house-mails.

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