Scottish Court of Session Decisions

Subject_1 INHIBITION.

Competition, Creditors of Sir G Hamilton.

1750, Nov. 6.
Case No. No. 15.

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In this competition an old inhibition on two bonds, one by Sir Robert Miln and Sir George Hamilton, the other by Sir George alone, was objected to, for that though both bonds were recited in the preamble, yet the will of the letters was only to inhibit on the foresaid bond in the singular number, and agreeably to the will, the messengers executions (there being two of them) mentioned also bond in the singular number, though in the register they had erroneously added the letter's. And I at first sustained the objection, but afterwards on showing me a decreet 8th July 1725 in a question on this very inhibition with Callender of Craigforth, where the same objection was repelled, I thought it did not become me to contradict a judgment in point of the whole Court. Therefore I gave my interlocutor in respect of that former judgment repelling the objection. Pittrievie reclaimed, and the President and others were of my opinion, that when preference is claimed on legal diligence, especially when that diligence is used to reduce onerous transactions as being spreta auctoritate, that if there be any defect in the diligence equity cannot interpose to supply it. And I observed further, that there was more here wanting than the letter s, because Sir Robert Miln could not be inhibited on both bonds. But on the question it carried to adhere to my interlocutor, renit. President et me.