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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Price v Major Johnstone. [1738] 1 Elchies 206 (27 June 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010206-006.html |
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Subject_1 INHIBITION.
Price
v.
Major Johnstone
1738 ,June 27 .
Case No.No. 6.
Click here to view a pdf copy of this documet : PDF Copy
I keep these papers because the case is new, though it may frequently occur. The Lords would not recall or restrict the inhibition unless the petitioner would give evidence that no debt was due, or how much, neither would they oblige the pursuer to insist before the day that he should think fit to fill this in his summons, but ordered him to give the petitioner a copy of his summons with the day filled, that the petitioner might take his remedy by calling upon his copy after that day, or raise a summons as accords.—N. B. It had some influence that the pursuer was willing to pass from his arrestment on the petitioner's own bond, though that could have no effect on the point of law.
The electronic version of the text was provided by the Scottish Council of Law Reporting
