Scottish Court of Session Decisions

Subject_1 ARRESTMENT.

Orr and Sibbald
v.
Harvie

1735, June 10.
Case No. No. 2a.

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The Lords were much difficulted and divided, and inclined much to a hearing in presence, but the parties were poor,—and upon the vote, it carried six to five to prefer Harvie, the last arrester, in the Receiver-General's hands, when the price of the lands was then in his hands to the prior arrestment in the Court of Exchequer, and in the Receiver's hands before he had got the price:—But by six to four they preferred Orr, the assignee, who had both intimated his assignation in the Court of Exchequer, and also to the Receiver-General and his dispute, to the said last arrestment, though at the time of intimation the money had not come to the Receiver's hands.