Scottish Court of Session Decisions

Subject_1 INHIBITION.

Creditors of William M'Kay, Competing

1751, July 3.
Case No. No. 17.

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

An inhibitor objected to a bond in 1742 as after inhibition. Answered, That the, bond was granted for a writer's account partly before the inhibition, partly after, and founded on a letter employing him prior to the inhibition. The Lords sustained the bond as to all the articles prior to the inhibition, but sustained the objection to the bond as to all the articles after inhibition and as to annualrent. 2dly, Objected to the inhibition, which was against a man and wife, as the execution bore, “whereof I delivered to the said Elizabeth Fowler and William M'Kay personally apprehended one just and authentic copy;” that therefore only one copy was delivered to both, and it does not appear to which;—but we thought that it imported one copy to each of them, and repelled. the objection, renit. Justice-Clerk, and Shewalton, Ordinary; 3dly, An inhibition being raised on depending processes which they submitted, and decreet-arbitral was pronounced, upon which diligence followed,—it was objected that there having no decreet followed on the depending process, the inhibition was of no avail,—and we sustained the objection.