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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Douglas v Isobel Strwart. [1737] 1 Elchies 131 (28 July 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010131-003.html Cite as: [1737] 1 Elchies 131 |
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[1737] 1 Elchies 131
Subject_1 FACULTY.
Creditors of Douglas
v.
Isobel Strwart
1737 ,July 28 .
Case No.No. 3.
Click here to view a pdf copy of this documet : PDF Copy
This faculty to burden was expressed in the plainest and most express terms possible, so as to make any personal deed in pursuance of that faculty however latent to be a real burden on the estate. But the Lords thought that such clauses were repugnant and contrary to law, and therefore they found that this was not such an encumbrance as could entitle the purchaser to retain any part of the price.
The electronic version of the text was provided by the Scottish Council of Law Reporting
