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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heron of Bargoly v Heron of Heron. [1600] 5 Brn 482 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050482-0497.html Cite as: [1600] 5 Brn 482 |
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[1600] 5 Brn 482
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INHIBITION.
Heron of Bargoly
v.
Heron of Heron
Click here to view a pdf copy of this documet : PDF Copy
The Lords are in use to recal an inhibition causa cognita, if it appear to be nimious, emulous, or malicious, and especially if it proceeds on a dependance or other claim not liquid. But, where none of these things concur, they refuse to compel private parties to part with any security which the law gives them. Accordingly, in the case of Heron of Bargoly contra Heron of Heron, they refused to recal Bargoly's inhibition against Heron, although Heron offered to find caution for the debt.
And they were inclined to follow the same course in a question,
The electronic version of the text was provided by the Scottish Council of Law Reporting
