Scottish Court of Session Decisions

Subject_1 INHIBITION.
Subject_2 SECT. V.

If Inhibition strikes against Renunciations, Recognitions, or Conditional Alienations.

Burts
v.
Grantullie

Date: 26 February 1622
Case No. No 107.

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Andrew Burt's action for poinding the ground of Grantullie for an annualrent which he had comprised, was sustained, albeit Grantullie alleged, That Merschell, who was infeft under reversion, had renounced the annualrent; because Burt had served inhibition against Merschell's author before the renunciation and thereafter reduced his infeftment; because he that renounced was not infeft holden of the superior; and Grantullie was permitted to dispute and propone that he could have alleged against the inhibition and action of reduction if he had compeared.

Fol. Dic. v. 1. p. 475. Haddington, MS. No 2603.