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Scottish Court of Session Decisions >>
Finnie in Peterhead v Gray. [1637] Mor 3783 (22 March 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor0903783-139.html Cite as:
[1637] Mor 3783
The execution must specify the Names and Designations of the Parties, Dwelling-houses, &c.
Subject_3 SECT. X.
Executions which require not the Ordinary Solemnities. - Form of arresting a Ship. - Verbal Citation.
Finnie in Peterhead v. Gray
Date: 22 March 1637 Case No. No 139.
Arrestment of a ship good, if intimated personally to the possessor, though the officer neither take the sails nor rudder from the ship, nor leave a copy of the arrestment affixed to the ship.
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One Finnie, by a precept from the Earl of Marshall, as admiral-depute, having caused arrest a ship in Peterhead pertaining to Andrew Gray, for satisfying of a debt owing to him by the said Andrew, and pursuing before the Lords upon that arrestment, to make the ship furthcoming, the debtor's son, who intromitted with the ship; wherein the Lords sustained this action pursued before themselves, upon an arrestment direct, and executed by warrant of the precept of an inferior judge, viz. the admiral-depute; and the said arrestment so executed was sustained, albeit it was quarrelled as unlawfully executed, not bearing, to be stampt, and not bearing, that the officer took the sails from the bark, and the rudder from her, all which are necessary formalities in arresting of any ships, and omitted, albeit the warrant of the precept directed the same. Item, No copy delivered to the party, nor left or affixed upon the ship; which objections were repelled, seeing the pursuer offered to prove, that the officer intimated to the debtor's own son, that he had arrested the ship immediately after the doing thereof; and which intimation, so made, the Lords found probable by witnesses, and the officer, and that it was not necessary to prove it by writ, or by oath of party.
Act. ——.Alt. Mowat.
Fol. Dic. v. 1. p. 269. Durie, p. 842.
