Scottish Court of Session Decisions

Subject_1 PERSONAL AND REAL.

Children of Sir David Murray, &c
v.
The Earl of March, &c

1739, June 20,
Case No. No. 2a.

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I was in the Outer-House when this cause was advised, and I am told the Lords pretty unanimously found these childrens provisions were not real burdens. I am also told the grounds were two; first, that the disposition was not with the burden of these debts, but with the burden of payment of debts; and this was. Arniston's opinion; but the majority were not of that opinion. The second was, that this list of debts was not inserted in gremio of the disposition, nor registered in the register of sasines, but only in the books of Session. This deserves to be well considered.