Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

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v.
Mowat

Date: 27 February 1673

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A Frenchman having arrested certain sums belonging to —— Mowat, factor in Paris, and pursuing to make forthcoming, but the process not being ready to come in by the course of the roll,—the pursuer supplicated, that, in respect the arrestment was loosed, and a cautioner altogether insufficient found, that therefore the Lords would declare the loosing of the arrestment null, and a new arrestment to be granted. The Lords having considered the case, and, finding the cautioner could not be known, but was altogether insufficient, they insinuate to the clerks of the bills, that cautioners taken for loosing of arrestment had been admitted, without any notice of their sufficiency; that, in time coming, the same care should be had of their sufficiency, as of cautioners in suspensions. And, as to this case, the Lords ordained new arrestment to be raised upon this special warrant; and declared the same should be sufficient as to any goods or sums that should happen to be in the hands of Mowat's creditors, the time of the execution of the second arrestment, notwithstanding the former arrestment was loosed; but would not declare the loosing null, as to what these creditors might have paid bona fide to Mowat, after the loosing of the first arrestment, and before the execution of the second arrestment.

Vol. II, Page 181.