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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Cockburn of Langtown, Competing, viz. Alexander Coutts, and Heirs Provost Coutts, v Dr Scott and James Scott. [1751] 2 Elchies 284 (3 July 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies020284-016.html |
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Subject_1 INHIBITION.
Date: Creditors of Cockburn of Langtown, Competing, viz Alexander Coutts, and Heirs Provost Coutts,
v.
Dr Scott and James Scott
3 July 1751
Case No.No. 16.
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Though inhibition affects annualrent-rights, that is the stock, yet it does not affect the bygones fallen due before inhibition.
In the same process, we thought an inhibition proceeding not on the bond or ground of debt, but on the horning, (i, e. bearing, because the Lords have seen the horning,) was void and null, but superseded, because it was said that the universal practice some years ago was otherways. Afterwards they gave us a list of 176 inhibitions since 1692, and we unanimously repelled the objection. (See Dict. No. 58. p. 6993. and No. 55. p. 6988.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
