Arrestment laid on currente termino, affects the next ensuing terms rent. Such was preferred to an apprising deduced also before the term, though after arrestment, whereupon infeftment followed after the term.
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William Litster having arrested his debtor's rent on the 5th of April 1665, he thereupon obtained decreet for making furthcoming in July 1666; which being suspended, compearance is made for Sleich, who had right to several apprisings of the lands, which were deduced before the terms of payment of the rent; and craved preference to the arrester, because his arrestment was before the term, and the time of the arrestment there was nothing due; and also before the term the debtor was denuded by an apprising, whereupon infeftment followed in December thereafter, and must be drawn back, ad suam causam, to the apprising. The arrester answered, That his arrestment was valid, being laid on currente termino for the next ensuing term, at least as hath been oft-times decided by the Lords, and is now their constant practice: And as for the apprising before infeftment, albeit it will carry the mails and duties, yet it is an incomplete right, and hath only the effect of a judicial assignation or disposition; so that the competition being betwixt an assignee, viz. an appriser and the arrester, the arrestment being prior, is preferable to any assignation. Neither can the infeftment on the apprising, after the term, give any right to the rent prior to the infeftment, but the right thereto is by the apprising, which is but a naked assignation.
