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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.
Andrew Heron v. Patrick Heron 1774 Debt, Arrestment, Sequestration, Inhibition, Process, Reduction Doctor Andrew Heron of Bargaly, pursuer, petitioned the Court to alter its recent interlocutor in his action against Patrick Heron, defender. Based on the single document cataloged for this case.
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.
Ballingall v. Ogilvie 1769 Debt, Adjudication, Inhibition, Bankruptcy, Improbation, Succession John Ballingall, Writer in Dundee, pursued John Ogilvie of Rochelhill, objecting to an inhibition and minute of sale. Ogilvie answered the petition, and subsequently submitted a condescendence accounting for debt and expenses while claiming to investigate Ballingall's payment.
Barr v. Buchanan 1780 Suspension, Arrestment, Inhibition, Courts James Barr brought a bill of suspension seeking his release from prison. Barr alleged that he had been imprisoned because of the “groundless prejudice” of James Buchanan of Drumpellier, a justice of the peace. He also cited procedural irregularities. However, Buchanan alleged that Barr had caused a number of disturbances for reasons stemming from his mental illness. Buchanan argued that Barr’s friends should find security for the suspender’s future conduct and conduct him to a safe place.
Craig v. Anderson 1776 Trustees, Debt, Sequestration, Trustee, Inhibition, Oath Joseph Heatly was an engineer who became insolvent before he could complete a projected coal-work outside of Glasgow. His estate being sequestered. His trustees put Heatly's funds and their own private capital into completing this coal work, projecting that the profits from the venture would more than pay back Heatly's debts and the expenses of its founding. John Anderson, one of Heatly's creditors, believed the trustees had neither the background nor the aptitude to manage a coal-work, and did not expect that this undertaking would result in him receiving the debt owed to him. He brought a summons and executed an inhibition against the trustees. In response the trustees petitioned the Court to have this inhibition suspended. Lord Kennet granted a sist (judicial stay) on the inhibition, "till the bill and answers should be advised." Because of this sist the inhibition was not recorded or executed within forty days, but the trustees feared that Anderson would file another one. They petitioned the Court to rule that Anderson could not execute an inhibition against the trustees of Heatly's estate. The Court dismissed this petition.
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.
Earl of Lauderdale v. George Inglis of Reidhall 1764 Prescription, Teinds, Tack, Inhibition, Adjudication, Bankruptcy James Earl of Lauderdale pursued George Inglis of Reidhall for the teinds of Reidball, asserting title by inheritance and inhibition and denying the defender’s claims of sale and prescription. Inglis defended his right, contending that his prescription remained valid and unbroken by the inhibitions relied upon by the pursuer. The Earl then petitioned to alter the court’s interlocutor, urging that prior inhibitions and judicial processes barred the defender’s prescriptive claim, and Inglis answered by maintaining his prescriptive title to the tithes.
Gilbert Moses v. William Craig, Robert M'Lintock, and James Clark, Trustees for the Creditors of John M'Ewan 1772 Parole Evidence, Bankruptcy, Inhibition, Creditor, Disposition, Debt John McEwen (alternatively spelled McEwan), a flax-dresser in Glasgow, went into bankruptcy. Defenders William Craig, Robert McLintock, and James Clerk were named trustees for the creditors in McEwen's bankruptcy. Pursuer Gilbert Moses, a meal-merchant in Glasgow, was one of McEwen's creditors. The trustees entered into a concert of joint measures, signed by the creditors, for the payment of McEwen's debts to the creditors. In contravention of this concert among the creditors, however, Moses joined McEwen in an action of reduction to overturn the sale and division of McEwen's effects. Among other points, Moses maintained that he was not allowed to read the creditors' agreement prior to signing it. Moses also argued that a tenement of houses that he bought from McEwen prior to McEwen's bankruptcy and in partial satisfaction of McEwen's debt to Moses should remain as Moses' property, and not conveyed to the trustees in McEwen's bankruptcy. The trustees argued that, by acceding to the concert among creditors, Moses agreed to set aside any preferences he may have had to McEwen's debts, including the tenement of houses.
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.
MacLean v. MacLean 1792 Debt, Arrestment, Trustee, Interlocutor, Promissory note, Inhibition John MacLean petitioned the Court to recall the inhibition placed against him by Mrs Janet MacLean and William Scott her husband, alleging that it had been obtained without proper grounds and was being used to distress him in his business. 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.
Robert Fall v. Robert Louthean and Others 1791 Aliment, Jurisdiction, Election contest, Inhibition, Reduction, Voting rights Robert Fall pursued Robert Louthean and others, complaining that the Town Council of Kilrenny had illegally deprived him of his office as councillor and elected others in his absence. Sir John Anstruther argued that the competency of the action was the sole point before the Court, as directed by Lord Eskgrove.
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.
Thomson v. Paterson 1781 Debt, Witness, Execution, Inhibition, Reduction, Creditor Thomson challenged the validity of an inhibition execution by Paterson, arguing that the execution's failure to state that witnesses were present at the time of execution rendered it void. Adam Ogilvie subsequently presented information advancing similar arguments that the respondent's inhibition execution lacked legal validity due to the absence of witness attestation to their presence. The dispute turned on whether this procedural defect invalidated the inhibition.
Turnbull and Petticrew Petition 1794 Debt, Bankruptcy, Sequestration, Trustee, Diligence, Inhibition John Turnbull, with the concurrence of William Petticrew, petitioned the Court to sequestrate his estate and appoint creditors' meetings. Based on the single document cataloged for this case.

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