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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miln of Carriden v Creditors of Nicolson. [1697] Mor 2876 (9 December 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor0702876-091.html
Cite as: [1697] Mor 2876

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[1697] Mor 2876      

Subject_1 COMPETITION.
Subject_2 SECT. XV.

Annualrenters; - Adjudgers; - Inhibiters; - Assignees, &c.

Miln of Carriden
v.
Creditors of Nicolson

Date: 9 December 1697
Case No. No 91.

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There being a set of adjudgers ranked pari passu, some of them struck at by inhibition; yet it was found that the inhibition could have no effect, in respect the other adjudications were more than sufficient to exhaust the subject; with whom inhibiter, who had not adjudged, could not come in pari passu, though he should adjudge; it being more than year and day since the first effectual adjudication; and therefore he could have no interest to reduce, seeing he could make no benefit by his reduction. See No 136. p. 1046.

Fol. Dic. v. 1. p. 184.

*** See This case voce Inhibition.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor0702876-091.html