[1629] Mor 7019
Subject_1 INHIBITION.
Subject_2 SECT. III. What subjects are affected by this diligence. - Reaches acquirenda.
Date: Dickson
v.
L Urthill.
24 January 1629
Case No.No 82.
Inhibition hinders not the conveyance of moveable debts.
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Two creditors to one common debtor contending for a sum owing to them, it was found, that an inhibition used by the one creditor against the common debtor was no impediment to him to make, nor to the other to receive, an assignation to that debt controverted, albeit made after the inhibition executed, the same being made for satisfying of the debt owing to that creditor before the inhibition; albeit the inhibition might be an impediment to the common debtor to contract new debts after the executing thereof, which might hinder the inhibiter in his lawful execution, competent to him by virtue of that inhibition; which would appear to be understood anent contracting of debts thereafter, which may affect heritable rights, whereupon inhibition only struck, but not for moveables which are affected with other manner of diligence.
Act. Advocatus et Craig. Alt. Nicolson et Gibson. Clerk, Gibson.
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