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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Menie v Bloomfield. [1736] 1 Elchies 36 (7 December 1736)
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Subject_1 ARRESTMENT.
Creditors of Menie
v.
Bloomfield
1736 ,Dec. 7 .
Case No.No. 6.
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The Lords adhered to the Ordinary's interlocutor, finding the quality in Bloomfield's oath extrinsic, because he did not depone upon payments made, but upon compensation; for several of us thought, that if the bond was not produced, the quality of payment in the debtor's oath would be intrinsic against the arrester, as well as against the original creditor. As to the other point, Whether compensation can yet be proved by the common debtor's oath against the arrester, as was found it might in the case of Sir William Nairn, and before that case, in the case betwixt Home and Lord Edward Murray, the Lords unanimously found, that any liquid grounds of compensation that were liquid before that arrestment, might yet be proved by the common debtor's oath.—3d December 1736. (See Notes, voce Oath.)
The electronic version of the text was provided by the Scottish Council of Law Reporting