litigiosity

litigiosity

in the Scots law of diligence or legal enforcement, the doctrine that once an action has commenced the property involved should not be dealt with in such a way that the purpose of the action is defeated. More reliable methods are often used, such as arrestment on the dependence or interdict.

LITIGIOSITY, Scottish law. The pendency of a suit; it is an implied prohibition of alienation to the disappointment of an action, or of diligence, the direct object of which is to obtain possession, or to acquire the property of a particular subject. The effect of it is analogous to that of inhibition. (q.v.) 2 Bell's Com. 152, 5th ed. Vide Lis Pendens.

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