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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Kenzie v Tuach. [1739] 5 Brn 666 (26 June 1739)
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Cite as: [1739] 5 Brn 666
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[1739] 5 Brn 666
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: M'Kenzie
v.
Tuach
26 June 1739 Click here to view a pdf copy of this documet : PDF Copy
[Vide C. Home, No. 122; Elch., No. 12, Arrestment.]
The Lords found, That the money consigned was not arrestable for the debt of the reverser. Dissent. Elchies. They seemed to be of opinion, that in case the declarator did not proceed, that then the arrestment would be effectual; because, in that case, the money, without dispute, would belong to the consigner: But this was not decided, nor was it necessary.
N.B.—The arrestment, in this case, was laid on before the summons of declarator was raised.
The electronic version of the text was provided by the Scottish Council of Law Reporting