Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020021-0059.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rankin v Lady Stonyhill. [1682] 2 Brn 21 (00 March 1682) URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020021-0059.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Rankin
v.
Lady Stonyhill
1682 .March .Click here to view a pdf copy of this documet : PDF Copy
The rents of an apprised estate being arrested by another creditor, after the
appriser was in possession, upon a pretence that the apprising was satisfied, and the tenants having broken medio tempore;—the Lords found, That the loss of the rents arrested, through the tenant's insolvency, was not to fall upon the appriser; because the arrester was to blame, that did not insist in his forthcoming, and then the appriser would have compeared and got up the duties, seeing his debt is not yet paid. But many of the Lords thought it was proper for the appriser to have loosed the arrestment, which was but on a dependence; seeing he knew best that his debt was not satisfied. Page 65, No. 277
The electronic version of the text was provided by the Scottish Council of Law Reporting