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Fraser v Cleghorn. [1695] Mor 689 (18 January 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Mor0200689-019.html Cite as:
[1695] Mor 689
Subject_1 ARRESTMENT. Subject_2 Upon what Debts Arrestment may be Founded.
Fraser v. Cleghorn
Date: 18 January 1695 Case No. No 19.
Arrestment sustained on a personal bond, though there was an heritable bond of corroboration and infeftment.
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Halcraig reported, Barbara Fraser, relict of George Stirling apothecary in Edinburgh, contra James Cleghorn.—Alleged, Her arrestment in Renton of Lamerton's hands is null, because laid on for a debt whereon infeftment had followed, contrary to the act 1661.—Answered, The ground of arrestment is a moveable bond; and though there was a supervenient heritable security taken for the same debt, yet it was but corroborated, and being accumulando jura juribus, it does not hinder the creditor to make use of any of them he pleased.—Replied, It was a novation of the former security, not being relative thereto.—The Lords found novation was not to be inferred, but where it was expressed to be the parties meaning, and sustained the arrestment.
Fol. Dic. v. 1. p. 54. Fountainhall, v. 1. p. 660.
