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Scottish Court of Session Decisions >>
Warrock M'Lure v Brown. [1678] Mor 2617 (19 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0602617-069.html Cite as:
[1678] Mor 2617
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. VIII.
Effect Relative to Arresters.
Warrock M'Lure v. Brown
Date: 19 July 1678 Case No. No 69.
The Lords refused compensation, because the proponer had taken assignation to the debt, after arrestment was laid on in his hands.
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The Lords, in a case between Warrock M'Lure and Brown, found an execution of arrestment, made by an officer of the town of Edinburgh, null, because it wanted witnesses; albeit it was alleged, That the constant custom of the town of Edinburgh was to take them without witnesses or warrant from the Magistrates; which the Lords would not regard, as a mere corruptela. As for citations to processes, or in warnings to remove, it may be doubted if the Lords would also find them null if they want witnesses, since they get but two pence to execute them, and men will not be at the pains to seek witnesses to go along with them for so small a hire. See Execution.
The Lords refused compensation, because the assignation to the debt was taken after the arrestment laid on in his hands, and so tended to gratify, &c. and prejudge creditors' lawful diligence.
Fol. Dic. v. 1. p. 163. Fountainhall, v. 1. p. 10. & MS.
