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Scottish Court of Session Decisions >>
- v Nimmo. [1627] Mor 7740 (9 January 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1907740-016.html Cite as:
[1627] Mor 7740
Subject_1 JUS QUÆSITUM TERTIO. Subject_2 SECT III.
Clauses in Deeds in favour of third parties.
- v. Nimmo
Date: 9 January 1627 Case No. No 16.
A purchaser of lands was taken bound to pay a part of the price to certain creditors of the seller. They were found entitled to use inhibition upon this right.
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This day a supplication was given to the Lords by some persons, in whose favour some clauses were conceived and introduced by a contract betwixt Heron and Nimmo; in the which contract, Heron having sold some lands to Nimmo, Nimmo was obliged to pay the sums contained therein for the price of the land disponed to the said persons, who craved inhibition against the said Nimmo, upon the foresaid clause introduced in their favour; and it being doubted if they might crave the said inhibition, seeing the said contract was not subscribed by them, neither were the parties contractors therein, nor in the inhibition craved by any of the contractors; the Lords found that the said persons, notwithstanding they were not contractors, might seek inhibition upon the clause foresaid, conceived in their favour, against the party obliged by the contract, to perform the same to them. John Dunlop was procurator for the supplicants, and caused raise and seek this inhibition.
