Subject_1 ARRESTMENT. Subject_2 What Subjects Arrestable.
Humphry-Bland Gardiner v. George Spalding
Date: 30 November 1779 Case No. No 59.
Arrestment, not a habile mode of affecting the reversion of an estate sold judicially.
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Mr Gardiner was a personal creditor of Spalding of Ashintilly, whose estate was sold by judicial sale; and it being, after payment of the heritable debts, sufficient to yield a reversion, Mr Gardiner used arrestment in the hands of the purchaser. To this arrestment it was objected, That the only competent mode of affecting the reversion of the price was by adjudication; and
The Lords found, ‘That an arrestment is not a habile way of attaching or affecting the reversion of a bankrupt estate, sold under the authority of this Court, in the hands of the purchasers thereof.’
Lord Ordinary, Westhall.Act. G. Fergusson.Alt. Nairn.
Fol. Dic. v. 3. p. 40. Fac. Col. No 92. p. 177.
