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Robert M'Gregor petitioned for recall of arrestments used by his wife against him, proceeding on a decree for aliment awarded by the Commissaries. There were several grounds stated for recall; but that sustained by the Court, was, that the arrestments were incompetently and unwarrantably used, in respect no aliment was due at their dates, while the petitioner was neither vergens ad inopiam, nor insolvent.
Lord Medwyn .—While there cannot be a doubt that this person was entitled to use these arrestments in execution, still they were used while nothing was past due, and therefore ought to be recalled.
Lord Justice-Clerk .—At the same time, we cannot agree to the recall, without security that the petitioner will pay his wife a part of his pension of L.80.
The other Judges concurring, the Court , upon the arrears of aliment being paid up, and an effectual assignation for L.40 yearly granted, recalled the arrestments.
Act. G. Bell. Alt. R. Thomson. Scott, Rymer & Scott, W. S. and W. Hunt, W. S. Agents.
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