Inhibition on a liquid debt, cannot be stopped on any account.
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William Marishal, shopkeeper in Glasgow, having obtained decree before the Lords, in December last, against Mr Robert Blackwood of Pitreavie, advocate, for L. 64 Sterling, as damage sustained by Pittreavie's not fulfilling to him a bargain of victual, and for L. 44 Sterling as expenses of plea; how soon the same was extracted, he gave a charge to Pittreavie thereon, and at the same time served him with an inhibition.
Pittreavie applied to the Lords by complaint against this procedure, and craved that they might stop the registration of the inhibition as invidious, at least altogether causeless, as his circumstances were unquestionably good, and above all suspicion; and that it would not be alleged, that there was any truth in, or foundation for the facts set furth from the usual stile in the bill of inhibition.
The Lords 'refused to recal the inhibition,' being of opinion, that let a man's circumstances be what they will, an inhibition against him could not be stopped when used for a liquid debt. The more solvent the debtor is, the less excusable is the deferring payment; for procuring which, inhibition, imprisonment, and other legal compulsitors have been contrived.
Fol. Dic. v. 3. p. 324. Kilkerran, (Inhibition.) No 9. p. 288.
