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Scottish Court of Session Decisions >>
George Sutie v Barbara Ross. [1705] Mor 816 (28 June 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor0200816-165.html Cite as:
[1705] Mor 816
Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
George Sutie v. Barbara Ross
Date: 28 June 1705 Case No. No 165.
Two arrestments used on one day, the hour not expressed, ranked pari passu. The one not permitted to prove by witnesses, (who might mistake or forget,) that his was some hours prior.
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George Sutie and Barbara Ross having arrested in one day, and the latter having pursued her furthcoming before the Commissaries, and the former before the Lords; Sutie craved preference in respect he offered to prove his copy of arrestment was given some hours before the others, and he tabled his arrestment before an unquestionable jurisdiction; whereas Mrs Ross had pursued before the Commissaries, who were not judges competent in actions of furthcoming.
Answered for Barbara Ross: Where there is a concourse of diligences in one day, and the executions mention not the particular hours when they were made, they are usually brought in pari passu: For witnesses may be apt to mistake or forget the hour; and therefore my Lord Stair requires the difference of three hours at least. As to the competency of the Commissaries, the same is sub judice not yet decided.
The Lords brought in the two arresters pari passu.
