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Scottish Court of Session Decisions >>
Monteith v Murray. [1677] Mor 3685 (18 July 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0903685-008.html Cite as:
[1677] Mor 3685
An execution at the market cross of Edinburgh and pier and shore of Leith, found null, there being no special wanant in the letters for that effect.
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George Monteith being creditor to Hector M'Kenzie, arrested in the hands of Thomas Dewar skipper, the said Hector's share of the ship called the Golden Crown, and profits thereof, which ship was disponed to the said skipper, and he gave back-bonds to his owners, whereof M'Kenzie was one: Upon this arrestment, Monteith recovered decreet for making forthcoming the price and profits of the ship. John Murray, for a debt due to him, obtained assignation from M'Kenzie to the skipper's back-bond, and to his share of the ship and profits thereof, and did intimate the same at the skipper's dwelling-house, and also at the pier and shore of Leith before the arrestment. The skipper suspends on double poinding, and calls both the arrester and the assignee. It was alleged for the assignee, That his assignation and intimation was prior, and preferable to the arrestment. It was answered for the arrester, That the intimation was null, as it was done at his dwelling-house, because he was out of the country; and as at Edinburgh, and at the pier of Leith, because it was without warrant; there having been no letters of supplement obtained from the Lords, without which no intimation can be made to persons out of the country.
The Lords found the intimation null, and preferred the arrester, and found the ship or share thereof, arrestable as moveable.
