Scottish Court of Session Decisions

Subject_1 INHIBITION.

Lady Margaret, &c Primrose
v.
The Commissary Clerks

1737, Nov. 16.
Case No. No. 3.

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The question was, Whether an inhibition taken out by Sir William and Alexander Nairne upon a depending process as liable for taking an inefficient cautioner in a confirmation should be recalled or not? It carried by a great majority to recall the inhibition renitente Justice-Clerk, Drummore, and I think Kilkerran. Amongst other reasons for recalling, Arniston gave one reason, that no prohibitory diligence of that sort should go against any trustee or officer for any thing done in execution of their trust, and instanced the case of the Marchioness of Annandale, against whom the Lords granted letters of arrestment on a process against her as executrix to her husband, but which was reversed by the House of Lords. The observation in general I agree with but not universally, for, causa cognita, I see no reason why inhibition may not go out against an officer if there be hazard of dilapidation, but that cannot be applied to this case.