What subjects are affected by this diligence. - Reaches acquirenda.
L Braco v. Ogilvy
Date: 22 March 1623 Case No. No 79.
Inhibitions affect only heritable rights and lands.
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L. Braco pursuing a reduction of an assignation made by Mr David Wood to Ogilvy of Carse, of all the corns, goods, and gear, being and growing upon the lands of Carse, the time of making the said assignation, which was in the month of July, the corns being then growing, unseparate from the ground; the reduction being upon this reason, because the cedent was inhibited by the pursuer long before the assignation, upon an anterior debt, and obligation made to him by the cedent;—The Lords assoilzied from the reason simpliciter; because they found, that an inhibition only affects party's heritable rights and lands, that he cannot dispone thereupon after lawful inhibition served against him, but it affects not the moveable goods; so that, notwithstanding thereof, the person inhibited may dispone upon the same; for letters of arrestment, and not inhibition, affect moveables; and moveables are of that nature, that, falling under daily commerce, the dealing and trafficking therein ought not to cease by simple inhibition, without arrestment proceeding upon a lawful cause.
Clerk, Gibson.
Fol. Dic. v. 1. p. 473. Durie, p. 61.
