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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pittarrow v Arbuthnot. [1681] Mor 7035 (1 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1707035-102.html
Cite as: [1681] Mor 7035

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[1681] Mor 7035      
Subject_1 INHIBITION.
Subject_2 SECT. IV.

Inhibition has Effect only against Voluntary Rights.

Pittarrow
 v.
Arbuthnot

1681, December 1.
Case No. No 102.

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The debtor in a personal bond anterior to another creditor's inhibition, having corroborated the same by a new bond after the inhibition, accumulating bygone annualrents, and containing a precept of sasine, on which infeftment was taken; the Lords reduced the infeftment ex capite inhibitionis, in respect the creditor was under no prior obligement to infeftment, but only to pay; but sustained the corroboration for a personal security as to the accumulation.

 Fol. Dic. v. 1. p. 474. Harcarse (Inhibition.) No 628. p. 173.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1707035-102.html