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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Gibson v Sir Richard Murray. [1748] 2 Elchies 52 (9 November 1748)
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[1748] 2 Elchies 52
Subject_1 ARRESTMENT.
Date: David Gibson
v.
Sir Richard Murray
9 November 1748
Case No.No. 27.
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A Curator having accepted a bill for an account due by his pupil, Campbell of Kilberry, Murray, the creditor, assigned the bill to Sir Richard Murray; but before the assignation, Gibson, as creditor to Murray, arrested in the hands of Kilberry, whose debt it originally was; and in a competition, Lord Dun had preferred Sir Richard the assignee; but on a reclaiming bill, we unanimously preferred Gibson the arrester, because Kilberry remained still debtor, notwithstanding the bill; and though the account was prescribed quoad modum probandi, yet Killberry still owed the debt. (See Dict. No. 26, p. 2777.)
The electronic version of the text was provided by the Scottish Council of Law Reporting