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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Douglas of Scotscraig, v Isobel Stewart. [1737] 2 Elchies 185 (28 July 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020185-003.html |
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Subject_1 FACULTY.
Date: Creditors of Douglas of Scotscraig,
v.
Isobel Stewart
28 July 1737
Case No.No. 3.
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Faculty to burden conceived in the most plain and express terms, so as to make any personal deed in exercise of that faculty, however latent, to
become a real burden, is repugnant to law, and such latent deed will be no real burden, nor the possibility of such a deed, such an incumbrance as can entitle a purchaser to retain any part of the price.
The electronic version of the text was provided by the Scottish Council of Law Reporting