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A debtor, who had paid to the obtainer of a decreet of furthcoming, and got his discharge, being thereafter decerned at the instance of an assignee, whose assignation had been intimated before the arrestment, pursued the arrester upon the warrandice in his discharge.
Alleged for the defender; He could not be liable, seeing suum recepit, and the pursuer had not obtruded, as he ought, the anterior intimation of the assignation, during the process of furthcoming; which, if he had done, the arrester would have secured himself against the other estate of the common debtor, who is now become bankrupt.
The Lords sustained the allegeance, and assoilzied.
Fol. Dic. v. 1. p. 186. Harcarse, (Arrestment.) No 81. p. 15.
