The Lords prohibited registration of an inhibition till trial were taken what ground there was for it.
Click here to view a pdf copy of this documet : PDF Copy
Mr John Murray, commissary of Peebles, advocate, gives in a complaint, that Agnes Kello, relict of Scot of Broadmeadows, (whose daughter he had married, and she was deceased without children,) now spouse to Brown of Legertlaw, had served an inhibition against him upon a dependence for her jointure, and which was most malicious, she being absolutely secured in her liferent lands, and that the Lords have been in use to stop such unjust attempts, especially inhibitions incumbering mens' estates, and likewise touching their fame and reputation. Answered, Diligences ought to have a free course; and to stop these were as great a failure in the administration of justice, as the stopping the circulation of the blood at the vena cava threatens a distemper in the body; and the said Mr John has a right to these lands, and so must be liable.——The Lords remembered they have oft interposed where inhibitions are groundless, (as in Stanhope's case against the Lady Kincardine and others*,) therefore they discharged the registration of it till it should be tried what ground there was for it.—The Lords took the same method this session about an inhibition served by one Govan against Mr John Frank, advocate. See Stair's Instit. b. 4. tit. 50. where he treats of malicious inhibitions.
Fol. Dic. v. 1. p. 472. Fountainhall, v. 2. p. 44.
