To which of the parties does the consigned money belong?
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Where money is consigned by a reverser, it is considered to be the absolute property of neither reverser nor wadsetter, till the event of the declarator, bat belongs conditionally to the one or the other, as the declarator shall proceed or not. Upon which principle it was found, that an arrestment of money consigned by a creditor of the consigner, did not so affect the consigned money, as to preclude the reverser from proceeding in his declarator of redemption.
A consideration of equity also here concurs, that it often happens that consigned money is not the property of the consigner, but is advanced by a friend in order to prevent the expiry of a reversion; and it would be very hard if that money could be run away with by the reverser's personal creditor arresting, so as to prevent the effect of his proceeding in his declarator of redemption.
