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Campbell having, on the dependence of an action before the Bailie of the river and frith of Clyde, against Hugh Mackenzie, raised letters of arrestment, and obtained the concurrence of the Judge-Admiral, arrested a vessel in the port of Oban, as the property of the defender.
Roderick Mackenzie presented a petition to the Court of Session for recal of this arrestment, on the ground that he was the sole and registered owner of the vessel. The answer was, that the petitioner was merely the nominal owner, the vessel being truly the property of the defender in the action before the inferior judge.
But the Court, ‘in respect that the arrestment of the vessel proceeded from the concurrence of the Judge-Admiral, refused the petition, reserving to the petitioner to apply to the Judge-Admiral for recal of the arrestment.’
For the Petitioner, Shaw. Bowie and Campbell, W. S. Agents. For the Respondent, A. Wood. And. Clason, W. S. Agent. R. Clerk.
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