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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Smith of Nungate v His Brothers and Sisters. [1738] 2 Elchies 435 (10 January 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020435-001a.html Cite as: [1738] 2 Elchies 435 |
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[1738] 2 Elchies 435
Subject_1 PERSONAL AND REAL.
Date: Creditors of Smith of Nungate
v.
His Brothers and Sisters
10 January 1738
Case No.No. 1.
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A Disposition to a son bearing, “These presents are granted with the express burden of the payment of 8000 merks, (which my said son by acceptation hereof binds him to pay) to &c. my children, &c.” and the
precept of sasine granted “with and under the burdens, provisions, &c. above written ;” but this burden not recited in the sasine, otherwise than by a general reference; yet the Lords found 1mo, That by the conception of the clause this debt was a real burden; 2do, Though not engrossed in the sasine otherwise than as above, they found it effectual against creditors. As to the effect of general references in sasines, vide the prints in this case, particularly those for the creditors. (See Dict. No. 68. p. 10,246.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
