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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Competition, Creditors of Sir George Hamilton, viz. Blackwood of Pittreavie v Robert Allan. [1750] 2 Elchies 283 (6 November 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Elchies020283-015.html

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[1750] 2 Elchies 283      

Subject_1 INHIBITION.

Competition, Creditors of Sir George Hamilton, viz Blackwood of Pittreavie
v.
Robert Allan

Date: 6 November 1750
Case No. No. 15.

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Inhibition on two bonds, one by Sir Robert Miln and Sir George Hamilton, and the other by Sir George, both recited in the preamble, but the will bearing only “said bond” in the singular number, and the messenger's execution bearing also “bond” in the singular number, (but in the register the words stood “bonds” in the plural number,) was objected to, that it could only be effectual for one bond agreeably to the will of the letters and messenger's execution; and as it could not appear for which bond, therefore it was void for uncertainty. The Lords repelled the objection, agreeably to a former decision on this very inhibition, 8th July 1725. (See Dict. No. 61. p. 4967.) Vide inter eosdem, No. 16. (See Dict. No. 56. p. 6991.)

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/1750/Elchies020283-015.html