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Subject_1 ARRESTMENT.
Creditors of Ogilvie, Competing
1736 ,Feb. 24 .
Case No.No. 5.
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The Lords preferred Balfour, though Finhaven's arrestment was prior, and notwithstanding of the collusion:—They were indeed of opinion unanimously, that Balfour could have no benefit by returning his process within the ordinary time, and at the same time keeping Finhaven's unreturned. But the ratio decidendi was, that Balfour's forthcoming and Finhaven's constitution being given out on the same day, though they had been returned and enrolled on the same day, Finhaven could not compete, because Balfour's decreet of forthcoming must have been pronounced on the same day with Finhaven's decreet of constitution, and till that was extracted, he could not compete, because he could have no decreet of forthcoming, which is an execution, and must be on a decreet. 24th February 1736, The Lords adhered.—4th February 1736.
The electronic version of the text was provided by the Scottish Council of Law Reporting