BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Porteous v Elliot. [1625] Mor 16084 (2 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3716084-014.html Cite as:
[1625] Mor 16084
An heritable disposition and infeftment of land found reducible upon an inhibition served on a naked personal bond, without apprising.
Click here to view a pdf copy of this documet : PDF Copy
In a reduction betwixt Porteous and Elliot of Stobs, the Lords found, That an inhibition served upon a moveable bond, for payment of sums to the creditor, was a sufficient ground of law to reduce a posterior heritable disposition and infeftment of lands granted by the debtor, who was prohibited after that inhibition; albeit it was alleged for the defender, that an inhibition upon a moveable bond, whereupon no more had followed, there being no real right, neither by comprising or otherwise, in the person of him who served the inhibition, whereby the land might be affected to him, could not be sustained as any sufficient ground whereupon the defender's real and heritable right of the lands might be reduced; which was repelled by the Lords, seeing the Lords found, that the pursuer might pursue reduction upon the said bond and inhibition, to the effect he might comprise, and that he might remove the impediment that would hinder his comprising, or stay him to obtain a real right. But it is to be marked, that inhibitions strike not against moveable bonds, and such other writs and deeds done anent moveables, by persons prohibited, after inhibition, which are only subject to arrestments, and heritable rights are subject to inhibitions.
Act. Sandilands & Hart.Alt. Nicolson.Clerk, Hay.
Durie, p. 170.
*** The like found, 20th January, 1632, Haliburton against Monteith, No. 18. p. 6947. voce Inhibition.
