Litigious by Infeftment. - By using an order of Redemption. - By Inchoate Inhibition.
Bailie Gartshore v. Sir James Cockburn
Date: 16 March 1686 Case No. No 91.
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A creditor having executed an inhibition against Sir Walter Seaton his debtor, personally, upon the 1st of February, and published it at the market cross of Linlithgow upon the 4th, registrated the same upon the 6th day. The debtor, upon the 2d of the said month of February, subscribed a minute of sale of his lands to another creditor, which was quarrelled both as a gratification of one creditor after inhibition at the instance of another, contrary to the act of Parliament 1621, and anticipation of the inhibiter's diligence when he was in cursu.
Answered; The inhibition was not registrated till four days after the minute; and diligence is only to be considered after it is public by registration.
The Lords reduced the minute as a gratification to a creditor, and unlawful anticipation of another's diligence.
