Litigious by Infeftment. - By using an order of Redemption. - By Inchoate Inhibition.
Cruickshanks v. Watt
Date: 12 February 1676 Case No. No 90.
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The Lords found, that a disposition being made after inhibition, but before the registration of the same, may be reduced ex capite inhibitionis, seeing the execution of the inhibition doth put the lieges in mala fide; and after the same is complete, and thereby the debtor and the lieges are inhibited to give and take rights, the inhibition ipso momento thereafter is valid and perfect; but resolvitur sub conditione, if it be not registrated in due time.
Clerk, Hay.
Fol. Dic. v. 1. p. 557. Dirleton, No 254. p. 122.*** Stair reports this case:
Cruickshanks pursues a reduction of a wadset right granted to Watt by their common debtor after inhibition, upon this reason, viz. ex capite inhibitionis, as being posterior to the publishing of his inhibition. It was answered, not relevant, unless it were libelled posterior to the registration of the inhibition; for the lieges cannot know inhibitions but by the registration. The pursuer duplied, That if this were sustained, all inhibitions would be evacuated; for after the publication thereof, the debtor would no doubt dispone to others before the registration; but the pursuer hath libelled his reason, as it hath always been sustained.
The Lords found the reason relevant from the publication of the inhibition.
