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[1738] Mor 736      

Subject_1 ARRESTMENT.
Subject_2 In whose hands Arrestments may be used.

John Binning
v.
Macdoual of Logan and his Curators

Date: 21 February 1738
Case No. No 67.

Arrestment in the hands of a minor, is sufficient, without serving it likewise against his tutors and curatois.


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In this process of furthcoming, it was objected to the arrestment, That the same was void, and could not be the foundation of any diligence following thereon, seeing it was only served against the minor, and not executed at the market-cross of the head burgh of the shire where he lived, against his tutors and curators in general, nor against them in particular.

The Lords repelled the objection.

C. Home, No 89. p. 142.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor0200736-067.html