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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Carmichael of Mauldsly, Supplicant. [1743] 1 Elchies 451 (26 July 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010451-020.html |
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Subject_1 TAILZIE.
Carmichael of Mauldsly, Supplicant
1743 ,July 26 .
Case No.No. 20.
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The pursuer pursued declarator that by his entail he had power to sell part of his estate for payment of his debts; which coming before me I allowed them a proof of the rental and debt; which they brought, but imperfectly, and insisted that I should lay the case before the Lords to determine the point of law; which I did, and they found that he had no power to sell, and that they could not authorize him. Now he applies for diligence to complete his proof in order to apply to Parliament. But we found that we could not interpose. We gave no deliveranee, but allowed him to withdraw his petition. (See No. 17.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
