Scottish Court of Session Decisions

Subject_1 INHIBITION.
Subject_2 SECT. I.

Nature, Stile, and Effect of an Inhibition.

Syme
v.
Laird of Coldingknows

Date: 8 March 1614
Case No. No 8.

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In an action of reduction ex capite inhibitionis pursued by Mr Alexander Syme contra the Laird of Coldingknows, the Lords found, That the inhibition was null, except the party had also been inhibited; and found, if Coldingknows improved that part of the inhibition whereby the party is inhibited he should prevail.

Kerse, MS. fol. 60. *** Haddington reports the same case.

Ross, assignee constituted by Mr Alexander Syme's wife, pursued the Lady Coldingknows for reduction of some infeftments obtained by her from the Laird of Elphinston, after inhibition served by them or their authors. Coldingknows offered to improve the inhibition. It was alleged that nothing could be improven but the publication, because the personal charge was not necessary against the contractor, and alleged the practic betwixt the Laird of Saintmonans and his uncle. Nevertheless, the Lords found, that in inhibitions, it was necessary to inhibit the party contractor personally, or at his dwelling place, because the command of the letters contains that direction.

Haddington, MS. No 2566.