Scottish Court of Session Decisions

Subject_1 INHIBITION.

Creditors of Stewart
v.
Dunbar

1742, June 2.
Case No. No. 8.

Click here to view a pdf copy of this documet : PDF Copy

The accountants usually employed in this Court, viz. George Boswell, Francis Farquharson, and Andrew Chalmers, being called by order of Court, informed us that in making their schemes where creditors adjudgers are preferred upon an inhibition to infeftments or other rights, posterior to their inhibition, but prior and preferable to their adjudications, they are in use to make schemes of division among the whole creditors, and next a scheme of division leaving out the creditors cut out by the inhibitions, and so much of the inhibiting creditors' sums falling to them by the second division, as they want by the first, they deduct from the shares falling by the first scheme to the creditors cut out, whereon they make the scheme according to the inhibiting creditors accumulate sums,—and agreeably to that report, we, 3d December 1741, upon a division preferred Burgie for his accumulate sum in his adjudication, agreeably to our late decision betwixt Corsan and Rae, and did the same afterwards 5th February 1742 Nisbet against Baillie; and 2d June, on a reclaiming bill by the creditors, adhered. Again found 14th June 1743, Govan against William Hay.

*** In the case of Nisbet, the Lords adhered to my interlocutor, as to the inhibition and adjudication, but prejudice to be heard on the extent of the sum truly paid.