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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Glendoning v Montgomery of Magbichill. [1745] 2 Elchies 51 (9 June 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies020051-024.html |
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Subject_1 ARRESTMENT.
Date: Creditors of Glendoning
v.
Montgomery of Magbichill
9 June 1745
Case No.No. 24.
Click here to view a pdf copy of this documet : PDF Copy
A Creditor in a registrated protested bill, (but the protest irregular and false in sundry respects, being at a wrong place, and bearing a procurator's compearing and witnesses, though there truly was neither, yet the creditor knowing nothing of these defects,) having bona fide poinded his debtor's sheep, who was bankrupt; the other creditors arrested in his hands; and in a forthcoming, the Lords thought that he would not have been bound to restore to the common debtor either the sheep or the price, till he got payment of his debt; and therefore found him not bound to restore to these creditors arresting, and assoilzied. (See Dict. No. 51, p. 1449. and No. 34, p. 2573.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
