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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An arrestment on a dependance and on a decreet or liquid debt are equally good, provided decreet in the dependance is obtained liquidating the debt before determining in the competition ; and it is the same, where, in the constitution, defences are reserved contra executionem : this reservation keeps the debt illiquid. So the Lords thought in this case; and therefore, though they preferred the parties on the arrestments in Allan's hands pari passu, et pro rata of the debt due to them, yet they excepted that part of the debt due to Palmer which at the time of constitution was illiquid, and that, on that account, objections were reserved contra executionem. But this day, 19th February 1777, on a reclaiming petition from Palmer, explaining this matter, and, in effect, insisting that his debt was liquid, notwithstanding the reservation ; they remitted to the Ordinary to hear parties, and to do as he should see just.