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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1746] 5 Brn 743 (00 July 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Brn050743-0916.html

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[1746] 5 Brn 743      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.

-
v.
-

1746. July.

Click here to view a pdf copy of this documet : PDF Copy

A debtor having unwittingly paid to a second arrester in prejudice of a first, the forthcoming was allowed to proceed against the second arrester, and he decerned to pay to the first. Actor, James Ferguson.

N.B.—This tends more and more to establish the doctrine, that an arrestment is a nexus realis upon the subject, and so it is thought it would be now found, in competition with the citation upon an adjudication, as well as with an assignation not intimated; which would put an end to the only inextricable circle I know in our law, mentioned by Hume, Treatise Vinco Vincentem, p. 72.

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


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