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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes v Ross. [1737] 1 Elchies 37 (2 December 1737)
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Cite as: [1737] 1 Elchies 37
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[1737] 1 Elchies 37
Subject_1 ARRESTMENT.
Forbes
v.
Ross
1737 ,Dec. 2 .
Case No.No. 7.
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A question occurred, If an arrestment is used of a liquid debt, and during the forthcoming, the defender, in whose hands it was used, having taken a decreet against his creditor, (the principal debtor in the forthcoming) liquidating a debt due to him before the arrestment, but not liquid at the date of the arrestment, the question was, Whether that debt could compensate the debt arrested, though it was not then liquid?—and for certain the compensation cannot operate farther back than the liquidation, before which the first debt was affected by the arrestment.—The Lords were of opinion generally, (but had no occasion to give any interlocutor upon it) that the arrestment did not hinder the compensation; but I own I am not clear. It is plain an assignation intimated at the date of this arrestment, would have hindered any subsequent compensation.
The electronic version of the text was provided by the Scottish Council of Law Reporting