HARVEY HALL and Co v BLACK and SON (Court of Session)

A summons of multiplepoinding was raised before the Sheriff of Aberdeenshire by Andrew Ligertwood, as executor of the deceased John Ligertwood, against the advocators and respondents in the present action as claimants, and Robert Ligertwood, residing at Miramichi, as common debtor, the fund in medio being a share of the succession of the deceased John Ligertwood, which fell to Robert Ligertwood.

On the other hand, Black and Son produced, as their claim and interest, two bills dated and payable in Aberdeen, for L.140, 17s., and L.300, upon which they had also executed an arrestment of the same date with the preceding, 10 January 1828, but without any arrestment jurisdictionis fundandæ causa.

The common debtor Robert Ligertwood was a Scotchman by birth, but had been long settled at Miramichi, where he now resided animo remanendi. He had granted the bills upon which the claims against him was founded during a temporary residence in Scotland in the course of his business, and he had no heritable property in this country.

The claimants Harvey Hall and Company pleaded —That the arrestments in security used by both parties upon the 10 January 1828 were null, in respect that no jurisdiction had been previously founded against the common debtor, who was a foreigner, and that, consequently, the first effectual arrestment was theirs of 9 February 1828, which proceeded on a decree obtained upon a previous arrestment jurisdictionis fundandæ causa.

The Sheriff found, ‘that the common debtor Robert Ligertwood being a native of Scotland, the arrestment against him jurisdictionis fundandæ causa was unnecessary and inept,’ and, consequently, preferred both the claimants pari passu, in respect of their arrestments of the same date, 10 January 1828.