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Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Lord Pitmedden v. Patersons
Date: 17 July 1678 Case No. No 160.
Found in conformity with Charters against Neilson, No 157. p. 811.
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Pitmedden having arrested in the hands of merchants in Aberdeen, the price of some bear sold to them by Cromarty, Masters William and Robert Patersons having arrested the same also; the merchants gave in a bill of suspension of double poinding, and both parties having compeared, the Lords appointed the cause to be discussed upon the bill, and did prefer Pitmedden, though the last arrester, to the Patersons, because they arrested before the term of payment of their bonds for which they arrested, and Pitmedden's term was past, albeit several decisions were adduced, sustaining arrestments laid on before the term, to take effect after the term; so that such executions were not null, otherwise inhibition would be also null on the same ground, in respect that the Lords did not find the first arrestment null, but that the same might be sustained where the debtor was lapsus or vergens ad inopiam; otherwise such arrestments passing of course periculo petentis, are not warrantable to stop the debtor's disposal of his moveables and sums before the term of payment; for inhibition reacheth not these; but the posterior arrestment was preferred by the Lords, as the more formal and legal diligence, as was lately done in the case of Charles Charters against Cornelius Neilson, No 157. p. 811.; but the Lords ordained Pitmedden to assign his security to the Patersons. (See Legal Diligence.)
