Scottish Court of Session Decisions

Subject_1 INHIBITION.

Competition of the Creditors of Cranstoun, ie. Horsburgh
v.
Davidson

Date: 10 June 1750
Case No. No. 14.

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In a competition betwixt a personal creditor inhibiting, who obtained an heritable bond of corroboration whereon he was infeft, accumulating the annualrents, and likewise some other debts, but which infeftment was after another creditor was infeft for a debt contracted after the inhibition, and some other personal creditors adjudgers; the inhibiter having also adjudged, but not on his original bond whereon the inhibition followed, but on the corroboration;—in the ranking, the two infeftments were ranked according to their dates, and did much more than exhaust the price, and left nothing to the adjudgers; therefore in the division, the inhibiter insisted to draw what he wanted, from the first infeft, on his inhibition. Objected, inhibition cannot draw without an adjudication; but here the inhibiter's adjudication is led not on the ground of the inhibition, but on the corroboration; and a new adjudication could draw nothing, though on the original bond, because of the other adjudications for debts prior to the inhibition, and therefore he was not prejudged by the infeftment. But the Court thought that these adjudications being excluded by the two infeftments, would not compete with a new adjudication; and as he had already adjudged, though only on the corroboration, thought it unnecessary to adjudge again, and therefore (as in Whitehaugh Case,)* we preferred first the debt in the inhibition, and next the two infeftments in their order. (See Dict. No. 54. p. 6985.)

* Dict. No. 48. p. 6974.