The decree being turned into a libel, arrestment is looseable upon caution.
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Arrestment being upon a decreet; and the said decreet being thereafter turned in a libel, the Lords found, That the decreet ceased to be a sentence; and the arrestment thereupon is now of the nature of an arrestment upon a dependence, and may be loosed.
Clerk, Gibson.
Fol. Dic. v. 1. p. 59. Dirleton, No 284. p. 138.Stair likewise mentions this case:
James Murray having charged John Hall, and arrested his goods upon a decreet, he suspends, whereupon the decreet was turned to a libel, and thereupon the suspender craved that the arrestment might now be declared null, at least might be loosed.
