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John Jolly Merchant in Edinburgh v Thomas Bethune of Tarvit, Mr Alexander Bruce, and Others. [1707] Mor 13291 (22 February 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor3113291-064.html
Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
John Jolly Merchant in Edinburgh v. Thomas Bethune of Tarvit, Mr Alexander Bruce, and Others
Date: 22 February 1707 Case No. No 64.
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John Jolly merchant in Edinburgh, having by virtue of a general disposition from James Reid merchant there, not intimated in the granter's lifetime, raised horning upon a bond granted to the said James Reid by Sir William Preston of Valleyfield as principal, and the Earl of Kincardine as cautioner, without confirming the debt; and arrested in the hands of Thomas Bethune of Tarvit, Mr Alexander Bruce, and other debtors to the Earl, and pursued a furthcoming; the Lords found the horning null and unwarrantable, and that the arrestments thereon could not subsist to have the effect of an arrestment upon a depending action, albeit the arrester should now confirm the debt. Though the general assignation would have been a good foundation for a summons, whereupon Mr Jolly might have used arrestment.
