Scottish Court of Session Decisions

Subject_1 ARRESTMENT.

Creditors of Scott
v.
Earl of Aberdeen

1739, Nov. 20.
Case No. No. 13.

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The Lords had no sufficient evidence of the practice of raising forthcoming before executing the arrestment, and therefore would not determine that point; but they generally inclined, if such was the practice (of which I much doubted) not to alter it;—but then they determined another very general point, viz. that the arrestment 1729, in the hands of Blair Younger, affected the subject, notwithstanding he was not then served heir, in respect he was the apparent-heir, and sustenebat personam defuncti, and hæreditatem jacentem; and therefore adhered to the Ordinary's interlocutor, repelling the objection;—and I own I cannot find out another method of affecting a personal moveable debt due by a defunct bankrupt at the instance of the creditor of his creditor. Arniston was of the opinion of the interlocutor; but seemed to think there is another way in law of affecting, viz. by adjudication; but if this be competent, I doubt at least it is not practiced.