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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1784/Mor3515435-051.html

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[1784] Mor 15435      

Subject_1 TAILZIE.
Subject_2 SECT. I.

Nature and Effect.

Spalding
v.
Laurie

Date: 20 February 1784
Case No. No. 51.

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Walter Laurie entailed his lands of Bargattan under the usual limitations and restrictions. He afterwards purchased the teinds, which were disponed to him and his successors in the lands; but on this disposition no infeftment followed. On the death of an heir under this entail, a creditor of his pursued the next heir of entail, on the ground, that these teinds having been held by the debtor unfettered by any entail, were liable to his debts. Urged in defence, That accessorial rights are subject to the same qualities and restrictions with their principals, or the subjects to which they are annexed. The Lords found the teinds were not entailed.

Fol. Dic. v. 4. p. 344.

*** This case is No. 55. p. 14461. voce Service of Heirs.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1784/Mor3515435-051.html