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Scottish Court of Session Decisions >>
Moutres v William Porteous. [1682] Mor 6960 (00 November 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1706960-029.html Cite as:
[1682] Mor 6960
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A debtor, who was inhibited in the year 1632, having granted a bond to another person in the year 1634, upon which a comprising was led in the 1642, the inhibiter raised reduction of the comprising ex capite inhibitionis in the year 1643.
Alleged for the defender, That the inhibition was prescribed.
Answered for the pursuer; That he was not valens agere till the apprising was led, till which time there was nothing to be quarrelled by his inhibition.
Replied; The bond upon which the apprising followed being granted in anno 1634, the inhibiter might have taken some document upon his inhibition.
Duplied; The inhibiter not being prejudged by the bond, but by the apprising, he had no reason to use his inhibition till after the apprising.
