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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Corsan, and Rae her Husband, v Maxwell. [1738] 2 Elchies 280 (26 January 1738)
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Subject_1 INHIBITION.
Date: Corsan, and Rae her Husband,
v.
Maxwell
26 January 1738
Case No.No. 4.
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An inhibiter having afterwards adjudged and reduced a voluntary disposition ex capite inhibitionis, the inhibition was not found purgeable by payment of the principal sum, annualrents, and penalty due upon the original bond at the date of the inhibition, nor even at the date of the offer, but only by payment of the accumulated sum in the adjudication, though deduced long after, and annualrents thereof; for the Lords thought that the inhibition secured the debt itself, and all diligences led or to be led upon it, (notwithstanding the decision observed by Lord Newton, 9th February 1683. (Dict. No. 116. p. 7048.) Vide inter eosdem voce Bona et Mala Fides, No. 4.
The electronic version of the text was provided by the Scottish Council of Law Reporting