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Whether Inhibition secures not only the Debt, but all Diligence following on it. - Inhibition has effect only from the date of the Decree of Reduction.
Nisbet v. Baillie
1741.
November—. Case No. No 118.
Inhibition secures not only the debt, but all diligence following thereon.
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Alexander Nisbet having, in 1677, purchased the lands of Carphin from Baillie of Carphin, got from the Lady Jerviston, Carphin's wife, a disposition to the lands of Jerviston, in real warrandice; and having been obliged to redeem an adjudication led against the lands of Carphin by Jordanhill, in 1691, upon a debt, upon which inhibition had been executed against Baillie of Carphin, in the 1675; in an action of recourse upon the lands of Jerviston, at Nisbet's instance, it was argued for the heir of the Lady Jerviston, That no recourse was competent, further than to the extent of the principal sum, annualrents, and penalty in the bond, on which the inhibition proceeded, but not for the annualrents of the accumulated sum in the adjudication; because no further could Jordanhill have reduced Nisbet's disposition ex capite inhibitionis.
Which the Lords “Repelled, and sustained the recourse for the accumulated sum in the adjudication, and annualrents thereof.”
Fol. Dic. v. 3. p. 324. Kilkerran, (Inhibition.) No. 2. p. 285.
