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Pittarrow v Arbuthnot. [1681] Mor 7035 (1 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor1707035-102.html Cite as:
[1681] Mor 7035
Inhibition has Effect only against Voluntary Rights.
Pittarrow v. Arbuthnot
1681,
December1. Case No. No 102.
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The debtor in a personal bond anterior to another creditor's inhibition, having corroborated the same by a new bond after the inhibition, accumulating bygone annualrents, and containing a precept of sasine, on which infeftment was taken; the Lords reduced the infeftment ex capite inhibitionis, in respect the creditor was under no prior obligement to infeftment, but only to pay; but sustained the corroboration for a personal security as to the accumulation.
Fol. Dic. v. 1. p. 474. Harcarse (Inhibition.) No 628. p. 173.