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Oliphant v Irvine. [1703] Mor 7024 (31 December 1703)
URL: http://www.bailii.org/scot/cases/ScotCS/1703/Mor1707024-088.html Cite as:
[1703] Mor 7024
What subjects are affected by this diligence. - Reaches acquirenda.
Oliphant v. Irvine
Date: 31 December 1703 Case No. No 88.
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Inhibition as it bars alienation of lands, so it bars contracting of debt, by which lands may be attached, but it does not bar the debtor to alienate other heritable rights, nor is there any clause in letters of inhibition directed to that end; and therefore the Lords found, that an assignation of an heritable bond, upon Which infeftment had not followed, though containing a clause to infeft, was not reducible ex capite inhibitionis.
Fol. Dic. v. 1. p. 473. Fountainhall. Dalrymple.
*** This case is No 115. p. 5562; voce Heritable and Moveable.
