What subjects are affected by this diligence. - Reaches acquirenda.
L Corsbie v. Acheson
Date: 22 February 1631 Case No. No 84.
Inhibition strikes against after-bonds, in so far as they are the foundation of apprising, but not in so far as they are the ground of diligence against the debtor's person or moveables.
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Corsbie, as cautioner for Sir G. Home of Eccles, having paid the debt, and thereupon serving inhibition, bearing, that none of the lieges, directly or indirectly, bargain with Sir George anent his lands, heritages, alienations, dispositions, or contract thereanent, &c. upon which inhibition he intents reduction of a bond, granted thereafter by Sir George to Gilbert Acheson, upon some debt of monies, whereupon he comprised, and was infeft. And the defender alleging, That this inhibition of this tenor could not furnish him action to reduce his bond, albeit posterior to the inhibition, seeing the prohibition extended only to the contracting anent his lands, and contained no warrant to discharge him to grant bonds on borrowed money, or the lieges to receive the same; this allegeance was repelled;. for the Lords found the inhibition of the tenor foresaid sufficient to reduce posterior bonds of money, albeit not bearing lands to be disponed therefor, in so far as these bonds might be grounds and warrants to deduce comprisings thereupon of the party's lands; but in so far as personal execution might be used against the party upon that bond, or poinding, or arrestment, or other execution upon his moveable goods, the Lords found, that the inhibition could not strike thereupon, and that the bond could not be reduced, to want that sort of execution.
Act. Craig.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 1. p. 473. Durie, p. 574.*** Auchinleck reports this case:
1631. February 23.—The Laird of Crosbie pursues reduction of a bond given to Gilbert Aitchieson, Bailie in Edinburgh, by Sir George Home of Eccles, because he had served inhibition against the said Sir George, upon a bond granted by the said Sir George to Captain Donaldson, whereunto the Laird of Crosbie was made assignee. To which reason of reduction it was answered, That the words of the inhibition made no mention to inhibit the lieges from taking of bonds from the person inhibited. To which it was replied, That the exception ought to be repelled; because, Gilbert Aitchieson had, by virtue of the said bond, comprised Sir George's lands, and had obtained infeftment upon the said comprising, The Lords repelled the exception, in respect of the reply.
In the same action it was alleged, That, although the bond be posterior to the inhibition, yet the cause of the bond was for merchandize furnished preceding the inhibition, which Gilbert Aitchieson offered to prove by witnesses. The Lords would not take away the force of the inhibition, by deposition of witnesses.
