Subject_1 ARRESTMENT.
Date: Creditors of Glendoning
v.
Montgomery of Magbichill
9 June 1745
Case No.No. 24.
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A Creditor in a registrated protested bill, (but the protest irregular and false in sundry respects, being at a wrong place, and bearing a procurator's compearing and witnesses, though there truly was neither, yet the creditor knowing nothing of these defects,) having bona fide poinded his debtor's sheep, who was bankrupt; the other creditors arrested in his hands; and in a forthcoming, the Lords thought that he would not have been bound to restore to the common debtor either the sheep or the price, till he got payment of his debt; and therefore found him not bound to restore to these creditors arresting, and assoilzied. (See Dict. No. 51, p. 1449. and No. 34, p. 2573.)
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