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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Gibson v Sir Richard Murray. [1748] 1 Elchies 41 (9 November 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Elchies010041-026.html Cite as: [1748] 1 Elchies 41 |
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[1748] 1 Elchies 41
Subject_1 ARRESTMENT.
David Gibson
v.
Sir Richard Murray
1748 ,Nov. 9 .
Case No.No. 26.
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Captain Campbell, Curator to Campbell of Kilberry, accepted a bill to Dougal Murray for an account due him by Kilberry. Gibson, as creditor to Murray, arrested in Kilberry's hands; and afterwards Murray assigned it to Sir Richard Murray; and in a competition, Dun preferred Sir Richard Murray. But on a reclaiming bill, we unanimously preferred the arrester, notwithstanding it was said that the account was prescribed quoad modum probandi, for still he remained debtor in the money, and in this process owned the debt.
The electronic version of the text was provided by the Scottish Council of Law Reporting