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Scottish Court of Session Decisions >>
Gordon v Seatoun and Others. [1675] Mor 7034 (22 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor1707034-100.html Cite as:
[1675] Mor 7034
Inhibition has Effect only against Voluntary Rights.
Gordon v. Seatoun and Others
Date: 22 July 1675 Case No. No 100.
Inhibition found not effectual to reduce infeftments following on anterior bonds, containing obligation to infeft generally or particularly.
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Sir George Gordon of Haddo pursues reduction of the rights of certain lands ex capite inhibitionis. The defenders allege, That their infeftments, though posterior, yet are granted for debts anterior, containing an obligement to infeft the creditors in the debtor's lands therefor, and so the infeftments are no voluntary right, but such as the granter might have been compelled to grant. It was answered, Non relevat, unless the obligement were special to infeft in particular lands, for such a general obligement is not sufficient.
The Lords found the inhibition not to be effectual against infeftments for satisfaction of prior bonds, containing obligements to infeft generally or particularly.
