Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. II.

Arresters with Appriseres and Adjudgers.

Syme
v.
Dalzell

Date: 8 January 1724
Case No. No 15.

Click here to view a pdf copy of this documet : PDF Copy

In a competition betwixt two creditors of a defunct, about the rents of the estate falling due after the debtor's death; both having obtained decrees of constitution against the apparent heir; the one upon an arrestment laid on in the tenant's hands as debtors to the apparent heir, obtained furthcoming; the other upon a charge to enter heir, obtained adjudication some months thereafter. The Lords preferred the arrester, though it was urged, that an apparent heir has no proper title to the rents, and that they cannot be made furthcoming for his debt. See Apparent Heir.

Fol. Dic. v. 1. p. 179.