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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Marion Turnbull, Relict of Dr Ogilvie, v Margaret Ogilvie. [1737] 2 Elchies 185 (21 June 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020185-001.html |
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Subject_1 FACULTY.
Date: Marion Turnbull, Relict of Dr Ogilvie,
v.
Margaret Ogilvie
21 June 1737
Case No.No. 1.
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Faculty reserved to burden an estate being exercised by a mere personal deed, not made real by infeftment or diligence during the granter's life, cannot compete with an infeftment granted by the son, whose right was burdened with the faculty before the personal deed was made real; but the party so infeft consenting to a disposition of the same lands, with the burden de novo of that faculty, is thereby debarred from competing with that personal deed. (See Dict. No. 20. p. 4125.)
The electronic version of the text was provided by the Scottish Council of Law Reporting