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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macfarlane, v. Petitioner [1867] ScotLR 5_241 (11 February 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0241.html
Cite as: [1867] ScotLR 5_241, [1867] SLR 5_241
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SCOTTISH_SLR_Court_of_Session
Page: 241↓
Court of Session Inner House First Division.
v.
Facts:
Arrestment used on the dependence, against private estate of a party, recalled, on the ground that the dependence on which the arrestment was used was a dependence against the party solely in the character of executrix.
This was a petition for recal of arrestments. An action had been raised against Macfarlane, but he having died, a summons of transference was raised against his widow, Arrestments were used on the dependence against her private means and estate. She petitioned for recal.
Clark and Lee for her.
N. C. Campbell in reply.
The Court unanimously recalled the arrestment on the ground that the dependence, as appearing from the closed record, was a dependence against the petitioner as executrix of her deceased husband, and in no other character, and therefore was not a dependence that would justify arrestment against her private means and estate.
Solicitors: Agents for Petitioner— A. & A. Campbell, W.S.
Agents for Respondent— Murray, Beith, & Murray, W.S.