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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Isobel Wright v Messrs Anderson and Laurie. [1774] Hailes 558 (28 January 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Hailes010558-0315.html Cite as: [1774] Hailes 558 |
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[1774] Hailes 558
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ARRESTMENT.
Subject_3 Case where Arrestment laid on the same day, at different parties' instance, one execution bearing between the hours of five and six, and another execution bearing between the hours of five and seven, were preferred pari passu, on account of special circumstances, and particularly that of one messenger having served the whole arrestments.
Date: Isobel Wright
v.
Messrs Anderson and Laurie
28 January 1774 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. VI. 272; Dict. 823.]
Pitfour. When we go to examine minutes and hours, there must be a demonstrative priority: without that, arrestments must come in pari passu.
Hailes. The conjecture of the Ordinary is certainly right. The messenger first arrested in Edinburgh, then in Leith, and then again in Edinburgh: no reason can be assigned for his having arrested at Leith at different times: his execution does not say so.
Coalston. It would have been a gross breach of duty, had the messenger not executed both arrestments at the same time, while he was possessed of both diligences.
On the 28th January 1774, “The Lords preferred the arresters pari passu;" adhering to Lord Coalston's interlocutor.
Act. R. Blair. Alt. D. Armstrong.
The electronic version of the text was provided by the Scottish Council of Law Reporting
