Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Dick of Grange v. Sir Patrick Nisbet of Dean
Date: 13 February 1695
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Phesdo reported Dick, now of Grange, against Sir Patrick Nisbet of Dean. The Lords found the arrestment was habilis modus to affect Sir Patrick's backbond to Lewis Dick, not being to retrocess, but to hold count to him, and make payment of what he received, after deduction of his own debt; such a backbond being reachable no other way; and that Sir Patrick was in mala fide to transmit his right to my Lord Strathmore, after he had deponed in Grange's action to make forthcoming; and, though Grange had lain off two or three years, yet the arrestment did not prescribe, being pursued within the five years.
