Scottish Court of Session Decisions

Subject_1 PERSONAL and REAL.
Subject_2 SECT. V.

Clauses burdening Conveyances.

Viscount of Oxenford
v.
Officers of State

Date: 5 July 1734
Case No. No 67.

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An act of the fifth of King George I. entituled, An a act for enlarging the time to determine claims on the forfeited estates; provides, ‘That superiors shall be obliged to pay a proportional share of the true and lawful debts of the attainted persons, answerable to such estate, as shall be found to belong to them by virtue of the clan act.’ Upon this clause, a competition arose betwixt the superior's personal creditors, affecting the rents by virtue of arrestments, and the personal creditors of the forfeiting person, whose estate it had been; in which competition, the creditors of the forfeiting person were found preferable, the estate being supposed to devolve to the superior, with the burden of the forfeiting person's debts, though not so expressed in the clause. See Appendix.

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