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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Methven v An Apparent Heir. [1622] Mor 6945 (18 January 1622) URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor1706945-012.html Cite as: [1622] Mor 6945 |
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[1622] Mor 6945
Subject_1 INHIBITION.
Subject_2 SECT. I. Nature, Stile, and Effect of an Inhibition.
Date: Methven
v.
An Apparent Heir
18 January 1622
Case No.No 12.
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A supplication being given in by Methven, who was cautioner For a tutordative, craving inhibition against the apparent heir of him who was bound for his relief of that caution; the bill was also refused by the Lords, because they thought according to the form which is in use, that the same could not be granted against an apparent heir; as no action, charge, or execution could be used, or sought against him, hoc nomine, as apparent heir; until such time as he might be constituted such a person as might represent the defunct, who was bound, or charged to enter heir to him.
*** The contrary was decided, No 4. p. 6942.
The electronic version of the text was provided by the Scottish Council of Law Reporting