Scottish Court of Session Decisions

Subject_1 ARRESTMENT.
Subject_2 Ranking of Arrestments.

Hamilton
v.
Thomas Crawfurd

1685. November.
Case No. No 163.

An arrester postponed on account of mora in carrying on his furthcoming.

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One Hamilton having died two or three months after he had arrested, without having raised a furthcoming; and thereafter Thomas Crawfurd having arrested the same debt, and pursued a furthcoming before the Commissaries, wherein Hamilton's brother compeared for his interest; but Crawfurd was preferred, in respect the other was not then confirmed executor to his brother. Hamilton advocated the cause, and after the same was remitted, confirmed himself executor to his brother; upon which active title he obtained a decreet of furthcoming before the Lords, some months before Crawfurd got a decreet before the Commissaries. In a multiplepoinding the Lords found, That Hamilton having done the first step of diligence by arrestment, and the last by obtaining decreet before Crawfurd, he ought to be preferred, although in the intermediate step he had been something negligent; Crawfurd, after the remit, having been guilty of supine negligence.

Harcarse, (Arrestment.) No 90. p. 17.