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Scottish Court of Session Decisions >>
Sir Walter Seatoun v Alexander Jack. [1665] Mor 809 (10 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0200809-154.html Cite as:
[1665] Mor 809
Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Sir Walter Seatoun v. Alexander Jack
Date: 10 January 1665 Case No. No 154.
A first arrestment preferred, though the decree of furthcoming was a day after another. The first was reckoned a privileged debt, being for custom and excise.
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In a competition betwixt Sir Walter Seatoun, who was creditor to one Caple, a merchant, for custom and excise, and who had arrested and recovered decreet before the bailies, for making furthcoming, upon the 22d of August 1663: And Alexander Jack, another arrester, and who likewise had recovered decreet, for making furthcoming, upon the 20th August 1663, a day before theo ther.——The Lords, notwithstanding, preferred Sir Walter Seatoun, in regard he had arrested first, albeit his decreet was a day after; and that he had a privilege, in respect of the nature of the debt.
