Scottish Court of Session Decisions

Subject_1 INHIBITION.

Creditors of William M'Kay, Competing, viz Gabriel Napier
v.
Campbell of Dalness

Date: 3 July 1751
Case No. No. 17.

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Inhibition found to annul a bond granted in payment of a writer's account, both as to annualrents upon the bond, and as to all articles of the account after the inhibition.

An inhibition being raised on a depending process, which was afterwards terminated by submission and decreet-arbitral, whereupon diligence followed, we sustained the objection to the inhibition, that no sentence followed on the dependence, and found the decreet-arbitral not secured by the inhibition. And being executed against a man and his wife in these words; “whereof I delivered to the said Elizabeth Fowler and William M'Kay personally apprehended a just and authentic copy,”—objected, that only one copy was delivered for both. But as the execution bore that both were personally apprehended, we thought it behoved to mean a copy to each; and therefore repelled the objection. (See Dict. No. 57. p. 6993.)