Scottish Court of Session Decisions

Subject_1 PERSONAL and REAL.
Subject_2 SECT. V.

Clauses burdening Conveyances.

Creditors of Calderwood Competing

1730. July —.
Case No. No 65.

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Clauses burdening the subject disponed with the granter's debts in general, without mention of any particular debt, whether these debts become thereby real, debated, but not determined.

But thereafter it having been found in an appeal to the House of Peers, that such general clauses create no real burden; the Lords ever since have been in use to determine according to the judgment of the higher Court. See Appendix.

Fol. Dic. v. 2. p. 67.