Inhibition found not to reach lands acquired after it, and lying in another jurisdiction than that in which it was published and registered.
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The said William Swinton having used inhibition against ———, at the cross where he lived, she falls heir thereafter to another person, and immediately dispones that person's lands, whereupon William raised reduction of that right, ex capite inbibitionis. The defender alleged absolvitor, because the lands disponed lye not within the shire where the inhibition was used. The pursuer replied, the land fell to the inhibited person after the inhibition; and the pursuer did all he was obliged to do, or could do till that time; which if it was not sufficient, creditors will be at a great loss, as to lands acquired or succeeded in after inhibitions.
‘The Lords found the defence relevant, that the inhibition could not extend to lands in other shires, befalling to the inhibited after quocunqe titulo; but that the pursuer ought to have inhibited de novo, or published and registrate in that shire, seeing all parties count themselves secure, if no inhibitions be registrate in the shire where the lands lye, without inquiring further.’
