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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Ogilvie, Competing, viz. George Balfour v Phinhaven. [1736] 2 Elchies 46 (24 February 1736)
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Subject_1 ARRESTMENT.
Date: Creditors of Ogilvie, Competing, viz George Balfour
v.
Phinhaven
24 February 1736
Case No.No. 5.
Arrestment on a decree preferred to one on a dependance.
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Arrestment on a decreet preferred to a prior arrestment on a dependance, and that too, notwithstanding apparent collusion in the managers of the process in favours of the creditor by decreet; in respect, the process of forthcoming at his instance was called and given out the same day with the other creditor's process of constitution; and so, ift here had been no collusion, but equal diligence in both, he must have got his decreet of forthcoming the same day the other got his decreet of constitution, and so there could be no competition, because there can be none upon arrestment, which is species executionis, till there be an extracted decreet.
The electronic version of the text was provided by the Scottish Council of Law Reporting