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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Lellan v Allan. [1725] Mor 6971 (8 July 1725)
URL: http://www.bailii.org/scot/cases/ScotCS/1725/Mor1706971-042.html
Cite as: [1725] Mor 6971

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[1725] Mor 6971      
Subject_1 INHIBITION.
Subject_2 SECT. I.

Nature, Stile, and Effect of an Inhibition.

M'Lellan
 v.
Allan

Date: 8 July 1725
Case No. No 42.

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Inhibition being used by a creditor against a debtor who was cautioner in a bond to another creditor; and he having granted a bond of corroboration of his cautionary obligation, after the lapse of the seven years; it was found that the inhibition cut off the effect of this corroboration; for the cautioner being once free by prescription, could not revive the debt in prejudice of the inhibition, more than he could contract a new debt.

 Edgar.

*** This case is No 61. p. 4967. voce Fraud.

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/1725/Mor1706971-042.html