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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Gardener
v.
The Lady Letham
14 July 1670 Click here to view a pdf copy of this documet : PDF Copy
In a spuilyie, pursued at Gardener's instance against the lady,—It was alleged Absolvitor; because the corns were lawfully poinded; and that, before any diligence done by the pursuer, the defender had arrested the corns upon the ground. It was replied, That, before the defender did poind, the pursuer had poinded upon his letters, and was in possession of the corns.
The Lords did repel the defence, in respect of the reply; and found, That a naked arrestment could not hinder another creditor to poind; and that the corns, being poinded, were not affected with the prior arrestments, albeit it be a real diligence.
This interlocutor was indeed conform to prior decisions; yet there appears to be much reason against it, in respect that real diligences affect singular successors.
Page 133.
The electronic version of the text was provided by the Scottish Council of Law Reporting