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Wallace v Creditors of Robertson. [1733] Mor 8147 (#date July 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor1908147-054.html Cite as:
[1733] Mor 8147
Arrestment upon a debt in diem. - Upon a dependence.
Wallace v. Creditors of Robertson
1733.
July. Case No. No 54.
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A creditor having obtained a decreet of constitution, with an additional sum in name of expenses, an arrestment laid on by him during the dependence, was not found entitled to draw in the forthcoming any part of the expense laid out after the date of the arrestment; for an arrestment cannot be effectual to secure a debt that is not existing at the date thereof; and the expense of process, laid out after the date of the arrestment, could not be a debt at the time of the arrestment; and even then, as they were only due officio judicis, they became only a debt from the date of the modification. See Appendix.
