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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wilson v Boyd. [1629] Mor 676 (26 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200676-005.html
Cite as: [1629] Mor 676

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[1629] Mor 676      

Subject_1 ARRESTMENT.
Subject_2 Warrant of Arrestment.

Wilson
v.
Boyd

Date: 26 March 1629
Case No. No 5.

An extract of letters of horning and arrestment, with the principal executions of arrestment, found not sufficient to verify the arrestment; the principal letters of arrestment being lost.


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Steven Boyd and one Wilson, two of Andrew Kellie's creditors, were striving about L. 400 pertaining to Andrew, which of them should be preferred. They had both arrested, but Steven Boyd having lost his principal letters of arrestment, produced only an extract of letters of horning and arrestment, with the principal executions of the arrestment, subscribed by the messenger.——The Lords found, That albeit the extract would suffice for the horning, yet it was not enough to verify the arrestment.

Spottiswood, (Arrestment.) p. 18.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200676-005.html