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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Scott of Blair v E. of Aberdeen. [1739] 2 Elchies 48 (20 November 1739)
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Subject_1 ARRESTMENT.
Date: Creditors of Scott of Blair
v.
E of Aberdeen.
20 November 1739
Case No.No. 13.
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Arrestment in the hands of an apparent heir not served or entered at the time (though he was afterwards served) found to affect a debt due by his predecessor, albeit that heir was not debtor himself at the time of the arrestment; because an apparent heir sustained personam defuncti et hereditatem jacentem; and most of the Lords thought there was no other habile diligence whereby a creditor of a defunct can affect a moveable debt due by the defunct. Vide inter eosdem, No. 9, supra. (See Dict. No. 70, p. 738.)
The electronic version of the text was provided by the Scottish Council of Law Reporting