Scottish Court of Session Decisions

Subject_1 INHIBITION.

Creditors of Murray of Stanhope, Competing

1750, Feb. 2.
Case No. No. 13.

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An inhibition at Earl of March's instance was objected to, for that though it was executed against Sir Alexander as then out of the kingdom, at the market cross of Edinburgh, pier and shore of Leith, yet against the lieges it was executed at the market cross of Peebles, where he usually resided when on his own estate in Scotland. Answered, It was rightly executed at Peebles against the lieges and not at Edinburgh, pier and shore of Leith, because the lieges were not out of the kingdom. I desired that the keepers of the registers might certify what has been the usual practice, because if it is at the market cross of Edinburgh, and pier of Leith, and not at the head burgh of the shire, the sustaining this inhibition would be annulling all of them. However the Lords sustained the inhibition, but neither Strichen the reporter nor I voted.