Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One of The Reporters For The Faculty.
Subject_2 ARRESTMENT.

Douglas, Heron, and Company
v.
Charlton Palmer

Date: 29 January 1777

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These parties, both Creditors of Campbell of Kilberry, laid arrestments in the hands of Robert Allan. The execution of arrestment by Mr Palmer, bore, that it was laid on 19th November 1774, betwixt the hours of ten and eleven at night. That by Douglas, Heron, and Company bore to be laid on the same day, but without mention of hours. The Lords preferred them pari passu, 29th January 1777. The late hour of laying on Palmer's arrestment affected the decision, as the Lords could not well presume that Douglas, Heron, and Company's was later. But, as the arrestment of Douglas, Heron, and Company did not mention the hour, they preferred them pari passu.