Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Laird of Dundas v. Anthony Murray
Date: 8 November 1738 Case No. No 173.
A proof by witnesses of the hour of arresting allowed, where some clear mark of distinction is condescended on.
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Where the executions of different arrestments are on the same day, and at the distance of little time, it is usual to bring them in pari passu, and not to allow a proof by witnesses to determine the priority. Yet, where any strong circumstance is expressed in the executions that may be a clear mark to the witnesses, such proof may be allowed.
Thus, where two executions were on the same day in the month of December, one whereof bore to have been at three o'clock afternoon, which was such a time of the day as must have been in full light, and the other to have been at five o'clock, which was such a time as day-light must have been gone, a proof, before answer, was granted.
Fol. Dic. v. 3. p. 45. Kilkerran, (Arrestment.) No 2. p. 36.
