An arrestment and the intimation of an assignation being on the same day, only the intimation mentioning the hour; and the common debtor having declared, under his hand, that the arrestment was two hours prior to it, the Lords ordained them to come in pari passu.
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The Earl of Seaforth being debtor to James Clerk of Weight's Houses, in a certain sum by bond, which was assigned to Mr David Scrimzeor; and, at the same day that the assignation was intimate, Bailie Adie, another creditor of James Clerk's, arrested the sum in the Earl of Seaforth's hands. And it being alleged for the assignee, That he ought to be preferred, because the intimation did condescend upon a particular hour and day upon which it was intimate; whereas the arrestment is only general, that it was laid on that day, but did not condescend upon the hour. Answered, That the arrestment being general, it might have been as well before as after the intimation; and he produces a declaration by the Earl of Seaforth, the common debtor, that the arrestment was two hours before the intimation of the assignation, and therefore he ought to be preferred.——The Lords ordained the arrester and assignee to come in pari passu.
Fol. Dic. v. 1. p. 178. Sir P. Home, v. 2. No 949.
