Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Claim on Dunnipace. [1751] 1 Elchies 151 (11 January 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies010151-017.html |
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Subject_1 FORFEITURE.
Claim on Dunnipace
1751 ,Jan. 11 .
Case No.No. 17.
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This claim was by the brother of the forfeiting person upon an entail not indeed recorded, but then dated in 1677 before the record of tailzies was appointed, and therefore we generally thought that the not recording was not sufficient to make it forfeitable; but as it had been found by this Court in 1744 against this very claimant that the forfeiting person's debts and deeds were effectual upon the estate, because though the entail contained an irritancy of the contravener's right, yet it had no irritancy of the debts or acts of contravention, therefore we dismissed the claim.
The electronic version of the text was provided by the Scottish Council of Law Reporting