After decree has followed on a dependence, arrestment is still looseable upon caution.
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Sir David Sibbald having disponed his estate to Henny Sibbald, his son, with reservation of an annuity to himself, did raise a process for payment, and arrested the tenants duties upon the dependence, and thereupon having obtained decreet for payment, he insists now for making the rents furthcoming.—The tenants alleged, That the arrestment was loosed upon caution, whereupon they paid.—It was answered, That the loosing of the arrestment contains an express provision, unless the arrestment proceeded upon a decreet; and albeit this arrestment was on a dependence, yet there having supervened a decreet upon that dependence, before the loosing of the arrestment, it was equivalent, as if the arrestment had been upon the decreet.
The Lords found, That an arrestment, upon a dependence, might be loosed upon caution, albeit a decreet on that dependence preceded the loosing of the arrestment.
