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Scottish Court of Session Decisions >>
William Beck v Andrew Paterson. [1681] 3 Brn 409 (9 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030409-0578.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
William Beck v. Andrew Paterson
Date: 9 July 1681
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William Beck having raised a reduction of an inhibition served by Andrew Paterson, deacon of the wrights of Edinburgh, on this reason, Because Andrew by his back-bond had obliged himself not to use any execution against William, on that sum, during William's lifetime;
My Lord Newton found an inhibition was not an execution, and so Andrew was not tied up from using it; seeing his back-bond did not oblige him to forbear any manner of diligence for securing himself: albeit it was Alleged, an inhibition against a merchant wrongs his trade. Yet inhibition strikes not against moveables.
Then they offered to prove, by the witnesses inserted, that all manner of diligence, even an inhibition, was intended and communed on to be discharged. This Newton refused, but found it only probable by Andrew the inhibiter's oath.
