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Subject_1 ACCESSORIUM SEQUITUR PRINCIPALE.
Geddes, Supplicant
1751 ,Feb .28 .
Case No.No. 2.
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Lord Milton, from the bills, reported a question on a bill of inhibition. Andrew Geddes, as creditor to his brother Archibald in a bond and two decreets, arrested in the hands of his brother's debtor, and recovered decreet of forthcoming. In the settlements of his affairs among his wife and children, Andrew conveyed specially the bond, and two decreets he had against his brother, but did not mention the decreet of forthcoming against his brother's debtor, only there was a general clause of all bonds, bills, decreets, &c. due to him. Now that he is dead, his children presented a bill of inhibition upon the decreet of forthcoming against the defender in that decreet, and the question was, if that bill should be passed, since it was not mentioned; and we found that it should not, which seems not very agreeable to the immediate preceding judgment in Birrel's case, and yet the President was very clear for both.
The electronic version of the text was provided by the Scottish Council of Law Reporting