Scottish Court of Session Decisions

Subject_1 TAILZIE.
Subject_2 SECT. VII.

Act 1685. Cap. 22.

Dr Pitcairn,
v.
Supplicant

Date: 24 February 1710
Case No. No. 125.

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Dr. Pitcairn presented a tailzie to be registered, made by Sir Archibald Stevenson, his father-in-law. The Lords observed, it was only of a tenement in Niddry’s Wynd, and did not think the act of Parliament 1685 intended such mean subjects of property, but was to secure land-estates in the country from going out of the family, and not houses, which may, in a night, be consumed with fire, and nothing but the superfices and area left, which did not deserve irritant clauses to fetter them from alienation, However, the Lords allowed it to be registered in common form, et periculo petentis.

Fol. Dic. v. 2. p. 436. Fountainhall, v. 2. p.572