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Scottish Court of Session Decisions >>
Sinclair v Somervell. [1730] Mor 10424 (21 January 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor2510424-102.html Cite as:
[1730] Mor 10424
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. V.
Personal Faculties and Privileges, whether they may be founded on directly by Creditors.
Sinclair v. Somervell
Date: 21 January 1730 Case No. No 102.
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Upon a verbal bargain about lands, the purchaser, in security of the price, deposited some bonds and bills with the seller. A creditor of the purchaser having arrested these bonds and bills in the seller's hands, and the bargain being thereafter completed in writ, it was found, That the arrestment fell, and that it did not convey the locus pænitentiæ to the creditor, which was competent to his debtor the purchaser, nor was it any medium impedimentum to hinder completing the bargain. See Appendix.
