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Anent the Execution of an Arrestment. [1671] 2 Brn 541 (13 June 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020541-0910.html Cite as:
[1671] 2 Brn 541
Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent the Execution of an Arrestment
Date: 13 June 1671
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A messenger employed to use an arrestment, in the subscribed copy he gives to the party in whose hands he lays the arrestment, mentions only 1000 merks; in the execution he gives to the party at whose instance the arrestment is made, he sets down 2000 merks less or more arrested by him in such a man's hands. Seeing there is here a discrepancy between the copy and the execution; quæritur, if it would not be a good reason for reduction of the arrestment for any farther sums than what are expressed in the copy; and whether the copy or the execution would rule one another here? I think the copy; for I put the case, the person in whose hands the arrestment was laid paid the superplus to his creditor; sure it would be very lawful for him to do it, since it was not arrested; and yet this could not be if the execution were the rule; but if they be yet in the debtor's hands unpayed, I think the Lords will make the execution the rule, unless he offer to prove it.
