Subject_1 ARRESTMENT.
Blair
v.
Henry Balfour of Dunboig
1745 ,July 9 .
Case No.No. 24.
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The question was, Whether a common debtor's oath is good against an arrester pursuing a forthcoming, to prove a compensation in favour of the defender, in whose hands arrestment was used, notwithstanding the common debtor was insolvent? Munzie, Ordinary, had found it proveable by his oath;—and we Adhered, notwithstanding the decision 23d November 1725, Sir William Nairn.—Renitente Kilkerran.
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