Gibb v. Lee [1908] ScotLR 833 (11 July 1908)

Gibb v. Lee [1908] ScotLR 833 (11 July 1908)

The arrestment was invalid because the schedule did not specify whether the funds attached were due to the common debtor as executor or as an individual, making the furthcoming incompetent.

Citation
[1908] ScotLR 833
Parties
Pursuer (appellant): Thomas Fraser Gibb, curator bonis to Henry Welch Paterson; Arrestee (defender/respondent): John B. W. Lee, S.S.C.; Common Debtor (defender/respondent): Bethune John Lee, executor-nominate of the deceased James D. Paterson
Jurisdiction
Scotland
Judgment Date
11 July 1908
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House
Outcome
appeal dismissed; judgment of the Sheriff affirmed
Legal Topics
Arrestment, Furthcoming, Executor Liability, Specification of Funds Attached
Civil Procedure Succession Law Arrestment Furthcoming Executor Liability Specification of Funds Attached

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Parties

Thomas Fraser Gibb, curator bonis to Henry Welch Paterson

Pursuer (appellant)

John B. W. Lee, S.S.C.

Arrestee (defender/respondent)

Bethune John Lee, executor-nominate of the deceased James D. Paterson

Common Debtor (defender/respondent)

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session Inner House

Legal Issues

  1. 1 Whether an arrestment is valid where the schedule does not specify if the funds attached are due to the common debtor in his capacity as executor or as an individual
  2. 2 Whether a furthcoming is competent on such an arrestment

Ratio Decidendi

The arrestment was invalid because the schedule did not specify whether the funds attached were due to the common debtor as executor or as an individual, making the furthcoming incompetent.

Court Disposition

appeal dismissed; judgment of the Sheriff affirmed

Orders

  • Furthcoming dismissed
  • Arrestment held invalid