Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by WILLIAM FORBES, ADVOCATE.

William Rollmainers
v.
The Lady Blantyre, and others

Date: 22 July 1708

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William Rollmainers having raised a furthcoming against the Lady Blantyre, of some moveables belonging to William Scot, merchant traveller, his debtor, arrested by him in her hands; and, after an act was extracted, the defender having, for her own security, called the other creditors of William Scot in a multiple-poinding: the raiser of the process of furthcoming craved, that ante omnia before deciding the preference, he should be preferred for expences he had been at in raising summons, extracting acts and other diligence, in order to make the subject effectual; as being in rem versum of the party who comes to be preferred, and disbursed upon the common interest: seeing it were hard another preferred should reap the benefit of Rollmainers's charges, and draw the whole stake without any burden thereof; and in sales, or other common concerns of creditors, the money expended to make the subject effectual, useth to be paid off the whole head.

The Lords refused to allow expences.

Page 271.