Scottish Court of Session Decisions

Subject_1 COMPETITION.
Subject_2 SECT. XV.

Annualrenters; - Adjudgers; - Inhibiters; - Assignees, &c.

Miln of Carriden
v.
Creditors of Nicolson

Date: 9 December 1697
Case No. No 91.

Click here to view a pdf copy of this documet : PDF Copy

There being a set of adjudgers ranked pari passu, some of them struck at by inhibition; yet it was found that the inhibition could have no effect, in respect the other adjudications were more than sufficient to exhaust the subject; with whom inhibiter, who had not adjudged, could not come in pari passu, though he should adjudge; it being more than year and day since the first effectual adjudication; and therefore he could have no interest to reduce, seeing he could make no benefit by his reduction. See No 136. p. 1046.

Fol. Dic. v. 1. p. 184.

*** See This case voce Inhibition.