[1746] 2 Elchies 52
Subject_1 ARRESTMENT.
Date: M'Leod of Genzies
v.
M'Leod of Cadboll
29 June 1746
Case No.No. 26.
Impetrating an arrestment.
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M'Leod of Genzies having obtained our decreet against Cadboll, charged him to pay, and Cadboll solicited some of the charger's creditors to arrest in his hands, and at last purchased one of his debts to found a compensation; but being advised that the compensation would not be sustained, he caused arrest in his own hands in name of his cedent, and thereupon obtained suspension; and at discussing, Cadboll having denied the fact, a proof was allowed, and it having been sufficiently proved, we found Cadboll liable in Genzies' whole expense, which we taxed to L.60 sterling, and fined him in L.20, payable to the clerk for the use of the poor. (See Dict. No. 331, p. 12185.)
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