Decree of furthcoming after the common debtor’s death.
*** In an arrestment upon a dependence, if the common debtor die before the claim be established against him by decree, the process must be transferred against his representatives; but, if decree be recovered against the common debtor himself, there is no necessity for transferring it after his death against his representatives; calling them alone is sufficient to found the arrester in his action of furthcoming; arrestment not falling, by the death of the common debtor, as it is does by the death of him in whose hands it is laid.
A man being bound by a registered bond for a sum of money, and his horse being arrested for the same, and himself, and the party in whose hands the horse was, being called to make him furthcoming, the debtor dying bastard; the creditor summoned of new the haver of the horse in his hands, to make the horse furthcoming, and the King’s Treasurer and Advocate for their interest: Which order the Lords found sufficient, because he had affected the horse by arrestment before the bastard’s death.
[1611] Mor 778
Bailii
Scotland
Updated: 28 December 2021; Ref: scu.544315
