Whether litigiosity bars payment, and other acts of ordinary management.
Nicholas and Burn, and their Factor, v. The Archbishop of Glasgow
Date: 21 November 1677 Case No. No 55.
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Tarbot being debtor to Hector M'Kenzie, suspends on double-poinding against an arrester and assignee. The Archbishop alleged, That though his arrestment was posterior to the intimation of the assignation, yet he denouncing Hector before the making the assignation, he could not make it to his prejudice. The Lords preferred Nicholas, &c. assignees, because their assignation was for satisfaction of a just debt, whereupon prior diligence by denunciation was done before the Archbishop's.
Fol. Dic. v. 1. p. 556. Fountainhall, MS.
*** Stair's report of this case is No 152. p. 1060, voce Bankrupt.
