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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of William M'Kay, Competing, viz. Gabriel Napier v Campbell of Dalness. [1751] 2 Elchies 284 (3 July 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies020284-017.html |
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Subject_1 INHIBITION.
Date: Creditors of William M'Kay, Competing, viz Gabriel Napier
v.
Campbell of Dalness
3 July 1751
Case No.No. 17.
Click here to view a pdf copy of this documet : PDF Copy
Inhibition found to annul a bond granted in payment of a writer's account, both as to annualrents upon the bond, and as to all articles of the account after the inhibition.
An inhibition being raised on a depending process, which was afterwards terminated by submission and decreet-arbitral, whereupon diligence followed, we sustained the objection to the inhibition, that no sentence followed on the dependence, and found the decreet-arbitral not secured by the inhibition. And being executed against a man and his wife in these words; “whereof I delivered to the said Elizabeth Fowler and William M'Kay personally apprehended a just and authentic copy,”—objected, that only one copy was delivered for both. But as the execution bore that both were personally apprehended, we thought it behoved to mean a copy to each; and therefore repelled the objection. (See Dict. No. 57. p. 6993.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
