Scottish Court of Session Decisions

Subject_1 INHIBITION.
Subject_2 SECT. I.

Nature, Stile, and Effect of an Inhibition.

Hay
v.
The Lady Ballegerno

Date: 7 January 1680
Case No. No 27.

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John Hay being infeft in the lands of Murie, pursues the Lady Ballegerno, and others, for reduction and improbation of any rights they can pretend to that land, and craved certification contra non producta. The defender alleged no certification, because the pursuer's title is reduced ex capite inhibitionis. The pursuer answered, That a reduction ex capite inhibitionis hath only effect as to the sum upon which the inhibition proceeded, that it may affect the debtor's real rights, and so is but a qualified right of reduction pro tanto, and can be founded on by none but those who have right to the sum on which the inhibition proceeded.

The Lords repelled the defence, and assigned a term to the pursuer to produce, or otherwise ordained certification to pass contra non producta.

Fol. Dic. v. 1. p. 476. Stair, v. 2. p. 733.