Scottish Court of Session Decisions

Subject_1 TAILZIE.

Mr Archibald Denholm, &c
v.
Denholm

1739, Jan. 16.
Case No. No. 9.

Click here to view a pdf copy of this documet : PDF Copy

14th December 1737,—The Lords found that the contracting personal debts on which no diligence followed against the estate did not irritate the heir of entail's right, but superseded the other point anent the adjudication on Sir William Baillie's relict's annuities (on a motion for the defender from the Bar) till they give in fuller memorials on that point.

22d December 1737,—The Lords found the irritancy incurred by suffering adjudications to be led for the arrears of Sir William Denholm's relict's jointure, renit. Justice-Clerk, Minto, Haining, Monzie, et me. This seems a hard decision. Some looked on this jointure as debts contracted by Sir Robert the heir, because they fell due in his time, and thought the subsequent clause anent Sir William's debts meant only his bonds and not this annuity though granted by himself. Others founded their opinion on the words in the first clause of the entail, “deeds of emission” which they reckoned the not paying the annuities. The Lords adhered 1st July 1738, and to this last interlocutor they adhered the 16th January 1739 (See No. 13.)