Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. VI.

Arresters with Executors-Creditors.

Craweord
v.
Simson

Date: 20 July 1732
Case No. No 36.

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In a competition betwixt an arrester upon a dependence, and another creditor, who, after the common debtor's death, confirmed the arrested subject as executor-creditor; the Lords preferred the executor-creditor hoc statu, he finding caution to make the sums furthcoming to the arrester, in case the arrester's claim should be purified. See Appendix.

Fol. Dic. v. 1. p. 180.