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Cite as: [1617] Mor 7026

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[1617] Mor 7026      

Subject_1 INHIBITION.
Subject_2 SECT. IV.

Inhibition has Effect only against Voluntary Rights.

Stirling
v.
Tenants of Lethindy

Date: 31 January 1617
Case No. No 92.

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In an action of removing pursued by Patrick Stirling contra the Tenants of Lethindy upon a comprising, the Lords found, an exception upon an infeftment of lands relevant, notwithstanding it was after the inhibition, because it was replied, that the infeftment was relative to a bond, whereby he was obliged to infeft the defender in an annualrent of 200 merks out of any of his lands, and that the lands disponed were only worth a chalder of victual.

Fol. Dic. v. 1. p. 474. Kerse, MS. fol. 62.

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/1617/Mor1707026-092.html