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URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor1706945-012.html
Cite as: [1622] Mor 6945

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[1622] Mor 6945      
Subject_1 INHIBITION.
Subject_2 SECT. I.

Nature, Stile, and Effect of an Inhibition.

Methven
 v.
An Apparent Heir

Date: 18 January 1622
Case No. No 12.

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A supplication being given in by Methven, who was cautioner For a tutordative, craving inhibition against the apparent heir of him who was bound for his relief of that caution; the bill was also refused by the Lords, because they thought according to the form which is in use, that the same could not be granted against an apparent heir; as no action, charge, or execution could be used, or sought against him, hoc nomine, as apparent heir; until such time as he might be constituted such a person as might represent the defunct, who was bound, or charged to enter heir to him.

 Durie, p. 10.

*** The contrary was decided, No 4. p. 6942.

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/1622/Mor1706945-012.html