Scottish Court of Session Decisions

Subject_1 INHIBITION.

Creditors of Sir George Hamilton, Competing, i e. Blackwood of Pittreavie
v.
Boyes and Others

Date: 5 June 1752
Case No. No. 18.

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Two inhibitions, at the instance of different creditors, but against the same person, being executed the same day, but one of them supposing him to be out of the country, the Lords sustained both inhibitions, referring to Mr Blackwood the competitor to disprove either the one or the other as he should be advised.

2do, Repelled the objection to the execution of an inhibition, that it did not recite the debt on which the inhibition proceeded, nor the date of the letters.

3tio, That though executed against the debtor as out of the country, yet it was executed against the lieges only at the market cross of Edinburgh, in which his ordinary residence was, agreeably to the judgment among Sir Alexander Murray's creditors. (No. 13.)

4to, Repelled also the objection, that the execution bore the leaving a copy of the letters, but not of the execution itself.

5to, Though the inhibitions were in 1698, found them not prescribed, because the infeftment on the deed quarrelled was in 1706, and in the 1735 the inhibiters were preferred to it on other grounds. Vide inter cosdem voce Jus Tertii. Vide No. 10. Vide Ranking and Sale.

See Mathieson against Carlyle, 1st February 1739, voce Bankrupt.

See Burton against Corse, 22d July 1747, voce Husband and Wife.

See Creditors of Whitehaugh, voce Competition.

See Dickie against Creditors of Anderson, 28th November 1734, voce Obligation.

See Notes.