Scottish Court of Session Decisions

Subject_1 LEGAL DILIGENCE.
Subject_2 SECTION VIII.

Inhibition.

Hamilton
v.
Hay

Date: 8 July 1670
Case No. No 63.

Click here to view a pdf copy of this documet : PDF Copy

Inhibition being served on a bond conditional, not to be paid but upon the creditor's doing a deed whereupon decreet was given for an abatement of the sum in the bond as damage and interest, the fact being found imprestable; the Lords found, that the said decreet purified the condition, and therefore that the inhibition should stand good for the rest that was decerned; and this against a creditor of the common debtor's, though his debt was prior to the decreet, but he had done no diligence before the inhibition.

Fol. Dic. v. 1. p. 541. Stair. Gosford.

This case is No 115. p. 7046. voce Inhibition.