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Scottish Court of Session Decisions >>
Dempster v Dingwell. [1610] Mor 778 (8 March 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0200778-103.html Cite as:
[1610] Mor 778
Subject_1 ARRESTMENT. Subject_2 Decree of furthcoming after the common debtor's death. Subject_3 *** In an arrestment upon a dependence, if the common debtor die before the claim be established against him by decree, the process must be transferred against his representatives; but, if decree be recovered against the common debtor himself, there is no necessity for transferring it after his death against his representatives; calling them alone is sufficient to found the arrester in his action of furthcoming; arrestment not falling, by the death of the common debtor, as it is does by the death of him in whose hands it is laid.
Fol. Dic. v. 1. p. 58.
Dempster v. Dingwell
Date: 8 March 1610 Case No. No 103.
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He who is made assignee to a contract, making arrestment of the debtor's farms in his tenant's hands, in the lifetime of his cedent, and of the debtor, may lawfully, after their decease, call the tenants to make the goods furthcoming, and needs to call no more thereto, but the debtor's executor cognitionis causa, and the tenants.
