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.
[1610] Mor 778
Bailii
Scotland
Updated: 28 December 2021; Ref: scu.544312
