Scottish Court of Session Decisions

Subject_1 REDUCTION.

Rodger Hog
v.
The Countess of Home

Date: 11 December 1667
Case No. No 40.

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Mr. Rodger Hog insisting in his reduction, mentioned yesterday, No 109. p. 7039. voce Inhibition, upon his inhibition the Countess of Home alleged, that she had right from apprisers, who would exclude the pursuer's right and inhibition,, and would defend herself thereupon, and not suffer her right to be reduced ex capite inhibitionis, and might thereby exclude the pursuer from any interest. It was answered, that the reduction being only upon an inhibition, there are no rights called for, but rights posterior thereto, and it cannot prejudge any prior right, which the pursuer is consent shall be reserved.

Yet the Lords admitted the defender to defend, upon any prior right that might exclude the pursuers right,

Fol. Dic. v. 2. p. 327. Stair, v. 1. p. 492.