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Scottish Court of Session Decisions >>
The Executors-Creditors of Murray Kynnynmound v Agnes Murray Kynnynmound. [1744] Mor 15380 (5 July 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor3515380-020.html Cite as:
[1744] Mor 15380
The Executors-Creditors of Murray Kynnynmound v. Agnes Murray Kynnynmound
Date: 5 July 1744 Case No. No. 20.
General reference in the sasine to the clauses in the disposition.
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Although the act 1685 declares, “That such tailzies shall only be allowed, in which the irritant and resolutive clauses are insert in the procuratories of resignation, charter, precept and instrument of sasine,” yet this has not been so understood, that, where the procuratory of resignation and precept of sasine are in eodem corpore, the several irritant and resolutive clauses must be repeated in each: For, by an equitable construction, all the clauses in the same deed are understood to be inserted in every part of the deed, and therefore, where the irritant and resolutive clauses are inserted in the procuratory, it is enough that, in the precept thereto subjoined, they be referred to; for in that case the precept of sasine is the whole deed. But where the instrument of sasine, neither in reciting the precept, nor in the notary's act of giving sasine, recites these irritant and resolutive clauses otherwise than by a general reference to the disposition, in which the precept is contained, which was the present case, the statute was found not to be complied with, and that the debts of the heir so infeft, might be charged upon the entailed estate.
