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Scottish Court of Session Decisions >>
Hume v Hay. [1688] Mor 2790 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0702790-034.html Cite as:
[1688] Mor 2790
Decided in conformity with Riddell against Maxwell, supra.
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A debtor having died after one of his creditors had arrested, another creditor confirmed the sum arrested, and competed in the furthcoming; but the Lords preferred the arrester, the arrestment being a nexus realis, which could not be prejudged by the debtor's death, more than real rights of poinding the ground, &c. by virtue whereof goods might be poinded after the debtor's death, in prejudice of both an executor and donatar, (as was found in a pursuit before the Council, betwixt the Lady Hume and John Hay.)
Fol. Dic. v. 1. p. 179. Harcarse, (Arrestment.) No 94. p. 18.
