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A real creditor upon a bankrupt estate, having agreed with the debtor to accept of a certain sum in place of his whole claims, and the debtor having consigned the sum upon the creditor's refusal to implement the bargain, and thereupon having obtained interlocutor in his favour, declaring the creditor's claims upon the estate to be sopite and extinguished; there ensued a competition upon the consigned sum among several parties to whom the said creditor was due sums of money, and who had arrested, some before and others after the said interlocutor. It was objected against the prior creditors, That the money belonged to the consigner before the interlocutor. The Lords, notwithstanding, preferred the prior arresters, being of opinion, That the supervening interlocutor was but declaratory.
Fol. Dic. v. 2 p. 354.
*** Lord Kilkerran's report of this case is No. 2. p. 3077., voce Consignation.
