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Subject_1 TAILZIE.
Johnston
v.
Lockhart
1742 ,July 13 .
Case No.No. 16.
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An heir of entail, (whose entail contained no irritancy of the contravener's right) sold by minute of sale the land entailed. The purchaser suspended that he was not safe to finish the bargain because of the entail. Answered no danger because no irritancy of the heir's right; 2dly not recorded though the heir is infeft upon it. Yet the Lords would not compel the buyer to pay his money, because of difficulty and danger, and mention was made as to the first of the judgment of the House of Lords in the case of Craig of Riccarton. 2dly, As to the heir's power to sell where the entail is not recorded, it was observed that the irritancies were inserted in his infeftment, and it was not certain what the judgment elsewhere might be as to that point,—and in the case of Carnock they reversed our decree authorizing him to sell.
The electronic version of the text was provided by the Scottish Council of Law Reporting