Scottish Court of Session Decisions

Subject_1 ARRESTMENT.
Subject_2 Loosing Arrestment.

Grieve, Tenant to Johnston of Westeraw, Supplicant,
v.
-

Date: 23 December 1679
Case No. No 138.

Arrestment upon a baron bailie's decree, is not looseable upon caution.

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

The Laird of Westeraw having taken a decreet against Grieve, his tenant in his own Court, for Green-Wood, and arrested thereupon: The tenant desires the arrestment to be loosed upon caution, whereupon it occurred to the Lords, to consider the common privilege, by the stile of loosing arrestments, which bears an exception, providing it be not on a decreet, and found that it extended to Barons decreets; and therefore refused the bill.

Fol. Dic. v. 1. p. 59. Stair, v. 2. p. 727.