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Scottish Court of Session Decisions >>
George Marishall v Alexander Cruikshank. [1687] 3 Brn 641 (23 July 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030641-0975.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 23 July 1687
George Marishall v. Alexander Cruikshank
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In a case between George Marishall, tailor in the Canongate, and Alexander Cruikshank, about the liferent-escheat of Mr Andrew Burnet of Wariston, advocate, it fell to be queried, whether a creditor, who has inhibited before the bond whereon the liferent-escheat falls, can reduce the said ground of the horning, so as to be preferred to the donatar. It was alleged, the King, quoad his casualties, was founded in jure communi, and was not concerned in the diligences of creditors; and, till the late Act of Parliament in 1686, inhibitions did not prejudge recognitions. But, in equity, the creditor-inhibiter seems preferable.
