Scottish Court of Session Decisions

Subject_1 CHARGE TO ENTER HEIR.

Monro
v.
Creditors of Easterfearn

Date: 10 July 1737
Case No. No 9.

Nature aud effect of general-special charge.

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In a competition respecting a right of reversion, betwixt a creditor who had adjudged the same, from the apparent heir of the reverser, and a posterior heir passing by the apparent heir, and connecting his title by a general service to the reverser, it was objected against the adjudication, That it was null, the apparent heir not having been charged in special to enter heir to the subject in question.—Answered, The apparent heir was charged in general to enter, which being suppletory of a general service, was a sufficient foundation of the adjudication, as to all rights that can be carried by a general service.—Replied, A general charge is intended to supply a passive title only; for such is the very stile of the charge; but does not supply either a general or special service. A special charge is necessary, to that end to enter heir to lands and others, where the debtor died infeft, which is a special charge properly so called, and which supplies the want of a special service; or to enter heir to heritable rights, where the debtor died not infeft, which is termed a general-special charge, and which last kind of charge, and that alone, supplies the want of a general service.——The Lords found the adjudication null.

Fol. Dic. v. 1. p. 131.