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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Montgomery's Case for Horning, and Alexander Murray's for Inhibition; in the Ranking of the Creditors of Cockburn of Langtoun. [1692] 2 Brn 129 (00 January 1691) URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn020129-0352.html Cite as: [1692] 2 Brn 129 |
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[1692] 2 Brn 129
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Mr John Montgomery's Case for Horning, and Alexander Murray's for Inhibition; in the Ranking of the Creditors of Cockburn of Langtoun
1691 or1692 .Click here to view a pdf copy of this documet : PDF Copy
Found, That horning execute against an obæratus debtor, against whom several diligences were inchoated, did hinder him to gratify by voluntary rights in corroboration of former debts; albeit the debtor did not appear altogether insolvent, nor proved insolvent in the event: and the execution of an inhibition was found
to have the like effect. 2. A creditor having executed horning or inhibition, the same day that another had received a voluntary right by way of gratification, both were brought in pari passu, and the priority of an hour sustained to give preference. Page 172, No. 625.
The electronic version of the text was provided by the Scottish Council of Law Reporting
