Scottish Court of Session Decisions

Subject_1 ARRESTMENT.

Robert Orr and John Sibbald
v.
Harvie

Date: 10 June 1735
Case No. No. 2.

In whose hands an arrestment ought to be laid.

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A Creditor upon a forfeited estate, whose debt was affirmed, having failed, one of his creditors, Sibbald, arrested in the Court of Exchequer, and in the Receiver-General's hands; but, before the price of the forfeited estate came into the Receiver's hands, Harvie arrested only in the Receiver's hands, and that after the price came into his hands. A third, Orr, got an assignation, and intimated it in the Exchequer, and to the Receiver and his depute, but before the price came in his hands. The Lords prefered Harvie the last arrester, to Sibbald the first; but they preferred Orr the assignee to Harvie the last arrester. See Competition.