BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Humphry-Bland Gardiner v George Spalding. [1779] Mor 730 (30 November 1779)
URL: http://www.bailii.org/scot/cases/ScotCS/1779/Mor0200730-059.html Cite as:
[1779] Mor 730
Subject_1 ARRESTMENT. Subject_2 What Subjects Arrestable.
Humphry-Bland Gardiner v. George Spalding
Date: 30 November 1779 Case No. No 59.
Arrestment, not a habile mode of affecting the reversion of an estate sold judicially.
Click here to view a pdf copy of this documet : PDF Copy
Mr Gardiner was a personal creditor of Spalding of Ashintilly, whose estate was sold by judicial sale; and it being, after payment of the heritable debts, sufficient to yield a reversion, Mr Gardiner used arrestment in the hands of the purchaser. To this arrestment it was objected, That the only competent mode of affecting the reversion of the price was by adjudication; and
The Lords found, ‘That an arrestment is not a habile way of attaching or affecting the reversion of a bankrupt estate, sold under the authority of this Court, in the hands of the purchasers thereof.’
Lord Ordinary, Westhall.Act. G. Fergusson.Alt. Nairn.
Fol. Dic. v. 3. p. 40. Fac. Col. No 92. p. 177.
