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Dick v Hearch. [1623] Mor 675 (4 March 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor0200675-003.html Cite as:
[1623] Mor 675
Subject_1 ARRESTMENT. Subject_2 Warrant of Arrestment.
Dick v. Hearch
Date: 4 March 1623 Case No. No 3.
The decree against a defunct, upon which arrestment had proceeded, must be transferred against the executors, before decree of furthcoming can be obtained.
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An action being pursued to make arrested goods furthcoming, upon a sentence recovered against a defunct; the executors being convened for their interest, it was alleged, no process for making the arrested goods furthcoming, until the decreet obtained against the defunct was transferred against the executors, and the conveening of them in process was not enough.—This exception was found relevant.
