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Scottish Court of Session Decisions >>
Warrock v Brown. [1678] Mor 686 (19 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0200686-014.html Cite as:
[1678] Mor 686
Subject_1 ARRESTMENT. Subject_2 Formalities of Arrestment.
Warrock v. Brown
Date: 19 July 1678 Case No. No 14.
Execution of arrestment must be before witnesses.
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In a competition, Brown having arrested, by an officer of the town of Edinburgh, by warrant of a bailie, but whose execution bore no witnesses, which was alleged to be the custom of the place; and within few days after, Warrock having arrested by a solem arrestment, the execution whereof had witnesses insert:
The Lords preferred the posterior arrester, his arrestment being the most solemn and formal, though posterior.
