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Scottish Court of Session Decisions >>
Ferguson v Wilson. [1726] Mor 8159 (#date December 1726)
URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor1908159-068.html Cite as:
[1726] Mor 8159
Subject_1 LEGAL DILIGENCE. Subject_2 SECTION VIII.
Inhibition.
Ferguson v. Wilson
1726.
December. Case No. No 68.
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In a competition, it was objected against an inhibition, that the summonses were not executed when the inhibition was raised, and therefore the inhibition was null, not having been taken out upon a dependence, seeing to make a depending process, it is necessary that the summons be executed. Answered, The inhibition was not executed till after the summonses were executed. Replied, The very letters of inhibition presuppose an executed summons and dependence without which they cannot be warrantably taken out, which is clear from these words of the letters, ‘as the summons duly executed bears,’ and from the deliverance on the bill of inhibition, signed by the Lord Ordinary on the bills, viz. ‘because the Lords have seen the dependence.’ The Lords sustained the objection.
