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Scottish Court of Session Decisions >>
Cunningham and Lyle v Wallace. [1666] Mor 809 (1 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor0200809-155.html Cite as:
[1666] Mor 809
Subject_1 ARRESTMENT. Subject_2 Ranking of Arrestments.
Cunningham and Lyle v. Wallace
Date: 1 February 1666 Case No. No 155.
The first arrestment was preferred; the decrees of furthcoming being both on one day.
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James Mason being debtor to Colonel Cunningham in a sum of money, and being likewise debtor to Arthur Lyle, both of them arrest in James Wallace's hand, certain sums, wherein the said Wallace was debtor to Mason. Colonel Cunningham alleged, He ought to be preferred, because his arrestment was made upon the 29th November, and Arthur Lyle, his arrestment, upon the 30th.—To which it was answered by Arthur Lyle, That he ought to come in pari passu with the Colonel, because, albeit the Colonel's diligence was a day before his, yet their decreets were pronounced upon one and the same day.——The Lords preferred Colonel Cunningham, being the first arrester, albeit but a day before Lyle's arrestment, and that both decreets were on the same day.
