Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INHIBITION.

Craig
v.
Anderson

Date: 6 July 1776

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An inhibition being raised and executed during the vacation ; the persons inhibited, conceiving it to be done maliciously, and without necessity, applied to the Ordinary of the Bills to have it suspended, and prevented from being put on record. The Lord Kennet, Ordinary, gave a sist upon the bill, and afterwards he reported it to the Lords.

The Lords were of opinion that the suspension was incompetent; and the Ordinary pronounced this interlocutor :—

“The Lord Ordinary, after advising with the Lords, refuses the bill as incompetent, leaving the complainers to apply to the Court as accords.” Craig, &c. Trustees for the Creditors of Heatly, against Anderson, 22d June 1776.

They afterwards did apply to the Court to have the inhibition recalled. But, in respect that it had been only executed against one of the trustees personally, and that the forty days for recording it was long elapsed, so that it had fallen to the ground and could have no effect ; the Lords found it unnecessary to enter into the merits, and dismissed the petition, 6th July 1776.