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Scottish Court of Session Decisions >>
Hunter v Lees. [1733] Mor 736 (19 January 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0200736-066.html Cite as:
[1733] Mor 736
Subject_1 ARRESTMENT. Subject_2 In whose hands Arrestments may be used.
Hunter v. Lees
Date: 19 January 1733 Case No. No 66.
A person let a part of his cellar. He had tobacco an his own distinctpart of it. The tenant sometimes kept the key: Found, that an arrestment of the tobacco in the hands of the tenant, while he had the key, was inept
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A merchant, proprietor of a cellar in which he had hogsheads of tobacco, let out the half of the cellar to a neighbouring merchant; and they had a common key, which sometimes the one and sometimes the other kept, as their purposes required. At a time when the key happened to be in the tenant's possession, an arrestment was laid in his hands by a creditor of the proprietor of the cellar, who had his own tobacco in that half of the cellar which was not set. In a competition betwixt the arrester and a voluntary assignee, whose right was posterior to the arrestment, the Lords found the arrestment an inept diligence, because the arrestee was not custodiar of the tobacco, or in any proper sense a possessor, so as to be liable to any action for delivery or making furthcoming.
