Subject_1 ARRESTMENT. Subject_2 What Subjects Arrestable.
Simpson v. White
Date: 20 March 1633 Case No. No 34.
A sum destined to be laid out upon annualrent, after a debtor's death, was found in the mean time arrestable.
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Anthony White being obliged to his son-in-law, Alexander Blair, in the sum of 1000 merks, to be paid the first term after his decease, and to be employed, at the payment, by the said Alexander Blair, upon annualrent. This sum being arrested by John Simpson, creditor to Blair, the Lords found, That it was arrestable, albeit it was destined to be employed by the said Blair at the term of payment; and found it not an heritable sum, as not subject to arrestment, in respect of the said destination, seeing there was no annualrent conditioned to be paid therefor by the said Anthony: And also found, That sentence might pass therefor, albeit the term of payment was not come the time of the arrestment, but that it was conferred to a term after Anthony's decease, and albeit Blair himself could not seek it before the term; for this cause was considered as a declarator in favours of the arrester, to prefer his diligence, and superseded the execution of his decreet while the term of payment should come; the pursuer's sum was owing by an heritable bond bearing annualrent yearly. Also the Lords found, That this sum arrested should be made forthcoming to the pursuer at the term of payment, not only for the principal sum addebted to the pursuer, and the annual-rents owing the time of the arrestment, but also for all the annualrents thereof in time to come, ay and while the foresaid term of payment were come, to the which the said sum arrested is conferred to be paid, and that the pursuer needed not to arrest yearly hereafter for the annualrents that shall be owing. (See Heritable and Moveable. See Legal Diligence.)
Act. Gilmor.Alt. Barclay.Clerk, Gibson.
Fol. Dic. v. 1. p. 55. Durie, p. 681.
