Scottish Court of Session Decisions

Subject_1 TITLE TO PURSUE.

Lord Strathnaver
v.
Duke of Douglas

1720. July.
Case No. No. 56.

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The heir of entail neglecting the deed of entail, and making up his title to the land as heir of line, having thereupon burdened the land with debts contrary to the terms of the entail, a process for disburdening the tailzied subject of these debts, at the instance of the next substitute against the representatives of the said heir of entail, was not sustained, without a service.—See Appendix.

Fol. Dic. v.2. p. 473.