Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Ramsay v James Lister. [1787] Hailes 1029 (25 July 1787)
URL: http://www.bailii.org/scot/cases/ScotCS/1787/Hailes021029-0697.html
Cite as: [1787] Hailes 1029
[New search] [Printable PDF version] [Help]
[1787] Hailes 1029
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ARRESTMENT.
Subject_3 A prior arrester, who entered his claim before a decree of furthcoming was extracted, preferred to a posterior arrester, who brought the process, although the former, after arresting, had not proceeded in his diligence for three years.
Date: John Ramsay
v.
James Lister
25 July 1787 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 531; Dict. 824.]
Braxfield. It is nothing to the purpose what is said concerning the quinquennial prescription. An arrester, if in mora, cannot stop the effect of another man's forthcoming. If a decreet of forthcoming is obtained, then the first arrestment must be preferred.
Eskgrove. The multiplepoinding was in Court. This stopped preference by forthcoming.
On the 25th July 1787, “The Lords, in respect of the mora on the part of
John Ramsay in prosecuting a forthcoming upon his arrestment, found the interest produced for James Lister preferable;” adhering to the interlocutor of Lord Alva. For Ramsay,—Edw. M'Cormick.
Alt. J. Pattison.
The electronic version of the text was provided by the Scottish Council of Law Reporting