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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Claim on Dunipace. [1751] 2 Elchies 206 (11 January 1751) URL: http://www.bailii.org/scot/cases/ScotCS/1751/Elchies020206-018.html |
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Subject_1 FORFEITURE.
Date: Claim on Dunipace
11 January 1751
Case No.No. 18.
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A claim being entered for the estate of Dunipace by the forfeiting person's brother upon an entail duly completed by charter and sasine, and though not recorded in terms of the act 1685, yet it was itself as old as 1677, and therefore the not recording was not thought a defect; but the tailzie contained no irritancy of debts contracted or other acts of contravention; and for that reason the Court had in a question with this very claimant in the year 1744, (voce Tailzie,) found that the forfeiting person's debts and deeds were effectual against the estate;—and therefore we dismissed the claim.
The electronic version of the text was provided by the Scottish Council of Law Reporting
