Found that a decree, although suspended before arrestment, was not looseable upon caution. See No 136. p. 796.
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A suspension being raised of a decreet; arrestment was used at the instance of the creditor, after the raising of the same; and, upon that pretence, it was craved by the suspender, That the same might be loosed; and, upon the report of the bill, the (Lords having debated, Whether the said arrestment could be loosed, being upon a decreet, though suspended?
The Lords found, That though a suspension be raised of a decreet, yet it does not cease to be a decreet, until it be taken away by a decreet in favours of the suspender; and that, though a suspension sists execution, yet the creditor may arrest, seeing the arrestment is no execution, but a diligence and remedy to preserve the debtor's estate, to the effect that, after discussing of the suspension, the creditor may have execution against the same: And, therefore, they found the arrestment could not be loosed. In this case, the suspender had consigned the principal sum, but not the annualrents; otherways, if he had consigned all, the Lords would have loosed the arrestment; seeing the consignation of the money is sufficient surety to the creditor.
Clerk, Hay.
Fol. Dic. v. 1. p. 59. Dirleton, No 263. p. 127.
