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Scottish Court of Session Decisions >>
Scott v Keith. [1626] Mor 808 (27 July 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor0200808-153.html Cite as:
[1626] Mor 808
Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Scott v. Keith
Date: 27 July 1626 Case No. No 153.
A posterior arrestment, followed by the first decree, preferred.
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Fullerton being charged by Scott and Keith, to make arrested goods furthcoming, suspended upon double poinding. Scott being posterior in arresting obtained sentence, because he having charged William M'Kean, the common debtor, upon 60 days, immediately after, (having instructed all, both that William M'Kean was his debtor, and Fullerton M'Kean's) without continuation got his decreet. Keith behoved to continue his summons (not having how to verify Fullerton to have been M'Kean's debtor, but by his own oath); and so was posterior in sentence.——The Lords preferred Scott to Keith.
