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Subject_1 ARRESTMENT.
Date: Creditors of Hardie, Competing
22 June 1742
Case No.No. 19.
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A Bond assigned to the bank, and their treasurer, for their behoof, for payment of a debt, and to account for the superplus; arrestment in the treasurer's hands found to affect any debt then due by the bank in consequence of that assignation, and found not to fall by the death of the common debtor, whose debt was arrested; but his relict having as creditor confirmed it before any decreet was obtained, she was preferred as having the first complete diligence. The first point is agreeable to the decision, 10th January, 1739, Creditors of Lethem, (No. 10, supra;) and the last to the reasoning in a decision observed by Lord Harcarse in June 1688. (See Dict. No. 36, p. 2791.)
The electronic version of the text was provided by the Scottish Council of Law Reporting