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Scottish Court of Session Decisions >>
Baillie v Earl of March. [1732] Mor 2817 (00 November 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor0702817-056.html Cite as:
[1732] Mor 2817
Assignation to Mails and Duties, with other Rights.
Baillie v. Earl of March
1732.
November. Case No. No 56.
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A proprietor of an entailed estate having granted to a creditor assignation of mails and duties, the assignation, after the granter's decease, was found effectual against the heir; for, though he did not represent the defunct with respect to the debt in question, contracted contrary to the entail, yet, the entail not being recorded, the debt might be made effectual against the estate by adjudication, and therefore the heir could have no just interest to quarrel the form of the conveyance. See Tailzie.
