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Scottish Court of Session Decisions >>
Robert Dundas v Alexander Alison. [1784] Mor 762 (24 December 1784)
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Mor0200762-086.html Cite as:
[1784] Mor 762
Subject_1 ARRESTMENT. Subject_2 In whose hands Arrestments may be used.
Robert Dundas v. Alexander Alison
Date: 24 December 1784 Case No. No 86.
Arrestment used in the hands of the owner of an estate under judicial sale, competent to attach the money due to the agent employed in bringing that process.
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John Irving was employed by the pursuer as agent in a process of ranking and sale of the estate of David Blair; another person was named factor under the sequestration; and a third appointed common agent in the ranking.
Dundas and Alison were both creditors of Irving. In order to attach the debt contained in Irving's account, Mr Alison laid arrestments in the hands of Mr Blair, the proprietor of the estate, and likewise in those of the common agent. Afterwards, Mr Dundas, for the same purpose, used an arrestment against the factor under the sequestration, and obtained an assignation from the common debtor. A competition thus ensued between these two creditors, Mr Alison claiming preference from his prior arrestments, while Mr Dundas contended, that they were inept, not having been directed against the proper parties; but that his arrestment, as well as his assignation, was effectual, a judicial factor being vested with more ample powers than an ordinary factor or commissioner.
The case was reported to the Court, who considered the proprietor of the estate under sale as the debtor to the agent, and consequently that the arrestment in his hands was the only effectual one. It was observed too, that no distinction could be made between the case of a common, and that of a judicial factor.
The Lords therefore preferred Mr Alison to the sum in medio.
Reporter, Lord Braxfield.For Dundas, Solicitor General.For Alison, Corbet.Clerk, Orme.
Fol. Dic. v. 3. p. 43. Fac. Col. No 191. p. 301.
