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The execution of an inhibition being quarrelled as null, for that if executed personally, it did not bear that a copy was left; and if executed at the dwelling-house, it did not bear that six knocks were given;
Answered; The execution bears, that the messenger went to the dwelling-house and left a copy, and immediately thereafter acquainted the party that he had done so. 2dly, The ground of the inhibition is only a destination in a contract of marriage in favour of heirs or bairns, which imports not a debt in a competition with true creditors.
The Lords waved the first allegeances as to the execution, and found, That the users of the inhibition, viz. the children, are to be looked upon as heirs of provision to the father, in so far as they compete with the father's true creditors, and so preferred the creditors, notwithstanding of the inhibition founded on the contract of marriage. See Provision to Heirs and Children.
