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Scottish Court of Session Decisions >>
M'Kenzie v Stewart. [1752] Mor 15396 (1 July 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor3515396-030.html Cite as:
[1752] Mor 15396
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The possessor of an entailed estate, in concurrence with some of the substitutes, obtained an act of Parliament to bring the estate to a sale, for payment of debts of the entailer. The act mentioned these debts specially, and ordained the price to be applied to their payment, and that the overplus should be laid out on land to be settled on the substitutes, conform to the destination of the entail. The estate was sold, and the payment of the debts mentioned in the act exhausted the whole price. A substitute afterwards brought an action of count and reckoning against the heir of line, insisting, that all the debts in the act did not affect the entail, and ought not to have been paid. The Lords found, That as these debts were specially narrated in the act, they had no power to inquire farther.
Fol. Dic. v. 4. p. 345. Sel. Dec.
*** This judgment was reversed on appeal.—The case is No. 164. p. 7443. voce Jurisdiction.
