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John Weir, Perriwig-maker in Edinburgh, Supplicant, v Andrew Deuchar, Procurator before the inferior courts there. [1713] Mor 7016 (17 July 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor1707016-076.html Cite as:
[1713] Mor 7016
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[1713] Mor 7016
Subject_1 INHIBITION. Subject_2 SECT. II.
Inhibitions pass causa cognita.
John Weir, Perriwig-maker in Edinburgh, Supplicant, v. Andrew Deuchar, Procurator before the inferior courts there
Date: 17 July 1713 Case No. No 76.
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Upon advising a complaint offered by John Weir against Andrew Deuchar, (at whose instance execution was provided to pass upon the complainer's contract of marriage with Elizabeth Davidson, for implement in favours of the wife) for using inhibition against the complainer, upon a conditional obligement therein, before the condition was purified; albeit it could not be pretended, that the complainer was failing in his credit;——The Lords finding that there was no present just cause for raising this inhibition, which was done by Deuchar out of mere humour, without advice from the wife, they discharged the same. For though inhibition may proceed upon a conditional debt, it must pass causa cognita.
