Scottish Court of Session Decisions

Subject_1 TAILZIE.

Case of Murray Kinninmond

1748, July 27.
Case No. No. 34.

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The question was, Whether Mrs Murray, as heir of tailzie by progress to Sir Alexander Murray, younger, who represented his father præceptione was liable for old Sir Alexanders debts, contracted before the entail, particularly to Mrs Kennedy's jointure, secured by infeftment on the estate, and afterwards the whole estate burdened with it in the entail. Arniston had found Mrs Murray's father, Hugh Murray, personally liable in a question with his other creditors competing for his executry; yet now he thought the heir only liable in valorem of her intromissions with the rents. And sundry of us thought it indeed very equitable that such heirs of tailzie should not be liable ultra valorum of the estate, no more than an heir cum beneficio. But we all agreed, that so far an heir of entail is liable; and here there was no question that the estate was of much more value than the debt; and therefore we found her personally liable, and refused the bill. But upon a motion from the Bar, that our judgment might be on record, we allowed the Ordinary to pass the bill, and upon a warrant to discuss, remitted to the Ordinary to give the judgment, and next day, 28th, the charger consented to suspend simpliciter all execution except, against the entailed estate.