Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

John Chancellour
v.
Major Baitman

1687. February.

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Provost Drummond having disponed his goods to Bailie Hamilton, after he had been charged with horning by Major Baitman; John Chancellour and others arrested, afterwards, the goods in the common debtor's shop, and in Hamilton's hands; and thereafter Baitman arrested also. Chancellour claimed preference, as being the first arrester. Alleged for Baitman, That the disposition was preferable to the arrestment used by Chancellour; which disposition, though reduced upon the act 1621, as in fraudem of Baitman's anterior charge, excludes all posterior diligences. Answered, That Baitman could found on the disposition, which is not in favours, and Bailie Hamilton does not oppose John Chancellour; so that his diligence of arrestment must be considered as if the disposition were passed from. The Lords preferred Baitman, unless Chancellour had grounds sufficient to reduce the said disposition.—February 1687. Thereafter this interlocutor was stopped. Vide No. 153, [1aurence Gellaty against Stuart, 3d February 1688;] and No. 439, [James Room against Robert Cleland, December 1687.]

Page 17, No. 91.