It is not a relevant objection to an inhibition, that it proceeded on a precept in a contract registered in a Bailie-court.
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In an action of reduction at the instance of Lees against Alison, ex capite inhibitions, there was an objection made against the inhibition, that it proceeded upon a precept, raised upon a contract registrated in an inferior Bailie-court, which was no sufficient ground for an inhibition, seeing precepts of an inferior Judge are not regarded, nor a sufficient warrant of personal actions for a sum exceeding L. 40 Scots, far less of an inhibition.
It was answered, That the precept was from a Judge who was competent to decern in the sums contained in the registrate contract, upon which the precept followed, and the Lords having interponed their authority to the inhibition, their deliverance made it a sufficient ground; so that the debt to which Mr Alison had fight was contracted spreta auctoritate.
The Lords repelled the objection proponed against the inhibition.
Reporter, Lord Cullen.Act. Falconer.Alt. Garden.Clerk, Gibson.
Fol. Dic. v. 3. p. 320. Edgar, p. 79.
