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Scottish Court of Session Decisions >>
John Maxwell v Laird of Teeling. [1543] Mor 7013 (11 July 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor1707013-071.html
Inhibition should not be granted against an honourable person, with a sufficient cause.
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Letteris of inhibitioun may not be gevin aganis ony Erle, Lord, or Baron, be the Lordis, without ane sufficient and just cause, because the samen is hurtful to mens fame and honour. And mairover, na persoun sould be stoppit in the administratioun of his gudis and geir, without ane lauchful and sufficient cause.
Fol. Dic. v. 1. p. 472. Balfour, (Inhibition.) No 1. p. 476.*** Sinclair reports this case:
1543. July 31.—Thomas Maxwell of Teeling alleging that Thomas Maxwell, portioner of Gilgour, was owing to him great debts, and intended to pursue therefor; and that he, in his defraud, intended to annalzie his lands and goods in the mean time, therefore he got the King's letters, inhibiting the said John to annalzie his lands and goods in defraud of him his creditor; and also, that none of the King's lieges should contract, buy, or sell, with the said John, in defraud of the said Thomas his creditor; which letters were given upon false narration, because the said John was owing him nothing that he could show to the Lords; the said Robert asked to be reduced and suspended simpliciter for the causes foresaid;——The Lords decerned the letters suspended simpliciter, et quia libera dispositio rerum suarum non est alicui interdicenda sine causa, et quia tales literæ sunt quodammodo defamatoriæ, ideo sine causa non concedendæ.
