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URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0702817-056.html
Cite as: [1732] Mor 2817

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[1732] Mor 2817      
Subject_1 COMPETITION.
Subject_2 SECT. X.

Assignation to Mails and Duties, with other Rights.

Baillie
 v.
Earl of March

1732. November.
Case No. No 56.

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A proprietor of an entailed estate having granted to a creditor assignation of mails and duties, the assignation, after the granter's decease, was found effectual against the heir; for, though he did not represent the defunct with respect to the debt in question, contracted contrary to the entail, yet, the entail not being recorded, the debt might be made effectual against the estate by adjudication, and therefore the heir could have no just interest to quarrel the form of the conveyance. See Tailzie.

 Fol. Dic. v. 1. p. 181.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0702817-056.html