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Douglas, Heron and Company v James Brown. [1785] Mor 7070 (24 July 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor1707070-010.html Cite as:
[1785] Mor 7070
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John Dobie, after inhibition had been executed against him by Douglas, Heron and Company, granted a bill to Brown, instead of one of a date long prior to that diligence, and which he then retired. On this new bill Brown deduced an adjudication against Mr Dobie's estate; in the ranking of whose creditors Douglas, Heron and Company then
Objected, That the bill in question having been affected by their inhibition, the diligence which followed was void.
Answered, This bill did not constitute a new debt, being a renewed document only of an old one, against which the inhibition could not strike.
The cause was reported by the Lord Ordinary, when
The Lords repelled the objection.
A petition reclaiming against this judgment was afterwards refused, without answers. See Inhibition, No 67. p. 7010.
Lord Reporter, Braxfield.For Douglas, Heron and Company, Blair.Alt. Honyman.Clerk, Home.
Fol. Dic. v. 3. p. 325. Fac. Col. No 223. p. 349.
