A writ obtainable by a personal creditor, prohibiting the debtor from selling his lands, or further incumbering them with debt.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Inhibition |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| A. Keltie v. R. Wilson | 1827 | Debt, Poinding, Sist, Inhibition, Diligence, Arrestment | Andrew Keltie of Gelvan petitioned the Court against Robert Wilson, writer in Edinburgh, seeking relief from an illegal poinding executed in violation of a court-ordered stay. Keltie alleged that Wilson had poinded during a sist on a bill of suspension, breaching procedural protections and amounting to contempt of court. The litigation proceeded from an initial petition for redress to a Revised Case arguing that such poinding during suspension constituted contempt. |
| Archibald and James Robertson v. John Laird | 1790 | Adjudication, Arrestment, Aliment, Inhibition, Insurance, Defamation | Thomas Cochran, weaver in Leith, filed answers to the petition of Margaret Clark, spouse of James Greig, sailor in Leith, responding to allegations of riot and damage. Based on the single document cataloged for this case. |
| Crawford, et al v. Morrison, et al | 1787 | Election contest, Aliment, Election, Mala Fides, Adjudication, Inhibition | Thomas Crawford, Charles Pirrie, Alexander Paterson, and John Gardner pursued John Morrison and others to have Morrison’s election as Deacon of the Incorporation of Wrights in Glasgow declared void. The respondents defended the 1787 election as having proceeded by lawful procedure and majority vote, and further averred that the complainants had themselves accepted office under the contested appointment. |
| Donald Campbell v. John Johnston | 1793 | Tack, Lease, Interlocutor, Possession, Inhibition, Rent | In an action of removing from Middle Craigs, Captain Donald Campbell petitioned the Court to remit an interlocutor pronounced by Lord Monboddo. John Johnston answered the petition, resisting Campbell's request to overturn the earlier decision. |
| Gow v. Russel | 1794 | Inhibition, Adjudication, Aliment, Possession, Evidence, Property | Nathaniel Gow pursued James Russel, an upholsterer, to abate a nuisance allegedly created by Russel's workshop operations in the upper floor, which Gow's family claimed caused excessive noise and ceiling damage contrary to Edinburgh's police rules. Gow argued that the workshop use violated the police regulations and warranted removal, while Russel maintained that the occasional noise inherent to an upholsterer's trade did not constitute a nuisance justifying such relief. |
| Inhabitants of the Parish of Crailing v. Hunter | 1791 | Prescription, Heritor, Adjudication, Inhibition, Aliment, Thirlage | The inhabitants of the Parish of Crailing petitioned as pursuers in May 1791 to overturn a recent interlocutor against the defender Mr. Hunter, citing ancestral burial rights and a 1763 Sheriff judgment. Based on the single document cataloged for this case. |
| John Watson v. Sarah Marshall and Others | 1781 | Creditor, Adjudication, Debt, Succession, Inhibition, Prescription | John Watson, trustee for the creditors of David Ireland, petitioned the Court to alter a recent interlocutor, asserting that his claim founded upon a 1733 inhibition and Jean Crookshanks’s overt intromission gave him priority over competing creditors. The creditors of James Alcorn, including Sarah Marshall, opposed the petition, disputing Watson’s title and ranking while raising objections of prescription, usury, and the validity of a bond of corroboration obtained under interdiction. Watson subsequently defended David Ireland’s adjudication against Marshall’s claim, maintaining his superior creditor rank and the retroactive validity of Jean Cruickshanks’s ruling. |
| Loch, et al v. Lord Hailes' Interlocutor | 1789 | Suspension, Interlocutor, Res judicata, Inhibition, Reduction, Declinator | John Loch, Esq., and others petitioned the Court to alter an interlocutor of Lord Hailes concerning the quartering of soldiers in Caltonhill. Based on the single document cataloged for this case. |
| Merry v. Macrae | 1791 | Arrestment, Aliment, Defamation, Proof, Inhibition, Mala Fides | James Merry pursued James Macrae for assault with a stick, claiming damages and a fine. Alexander Young, Writer to the Signet, subsequently lodged an information contending that Merry's claim was unfounded and urging that the interlocutor against Macrae not be enforced. |
| Ramsay v. Moray, et al | 1794 | Heritor, Succession, Glebe, Valuation, Thirlage, Inhibition | John Clerk petitioned the Court to alter its interlocutor against the heritors of his parish, which suspended his right to dig and sell marl from his glebe. Based on the single document cataloged for this case. |
| Robertson v. Inner-House Interlocutor | 1797 | Aliment, Divorce, Terce, Marriage, Infeftment, Inhibition | William Henry Ralston, defender in the action brought by Robertson, petitioned the Court to alter an interlocutor issued by Lord Swinton. Based on the single document cataloged for this case. |
