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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mary Hay v Steuart. [1745] 1 Elchies 43 (5 June 1745)
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Cite as: [1745] 1 Elchies 43
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[1745] 1 Elchies 43
Subject_1 ASSIGNATION.
Mary Hay
v.
Steuart
1745 ,June 5 .
Case No.No. 6.
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A horning and arrestment being raised by Thomas Blair of Newton, now deceased, which, and the ground of debt, he assigned to his wife, and she also confirmed, and used arrestment on the letters raised in her husband's name; Steuart also arrested, and afterwards objected, that neither letters of horning nor arrestment raised in name of one person can be executed in name of another; though there may be a difference in poinding where the Messenger is a judge. We directed Drummore, Ordinary, to call the Keeper of the Signet, and cause him report the opinion of the Writers. And 7th June, the Ordinary reported the unanimous opinion of the Clerks or Writers to the Signet by their Keeper, that neither horning, arrestment, nor poinding in a cedent's name or a defunct's can be executed in the name of the assignee or executor; and we found the relict's arrestment null.
The electronic version of the text was provided by the Scottish Council of Law Reporting