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George Sutty v Barbara Ross. [1705] 4 Brn 616 (28 June 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Brn040616-0111.html Cite as:
[1705] 4 Brn 616
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
George Sutty v. Barbara Ross
Date: 28 June 1705
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Lord Minto, probationer, (in the place of Lord Phesdo, deceased,) resumed the case debated in presence, betwixt George Sutty and Barbara Ross; being a competition betwixt two arresters, both laid on in one day; and the one pursued his forthcoming before the Lords of Session, and the other before the commissaries. Sutty craved preference; because he offered to prove his copy of arrestment was given some hours before the other; and he had tabled his action before au unquestionable jurisdiction; whereas Mrs Ross had pursued before the commissaries, who were nowise competent to such actions on arrestments.
Answered,—Where there was a concourse of diligences in one day, striving for preference, and the executions did not mention the particular hours on which they were done, the Lords were in use to bring them in pari passu: for the distance of time lying in the lubricity of the memory of witnesses, they might very readily either forget or mistake the hour of the day: and so Lord Stair, b. 1, tit. 1, requires the difference of three hours at least. And, as to the competency of the commissaries, the same was not yet decided, but appointed to be heard in presence.
The Lords brought the two arresters in pari passu.
