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Subject_1 TAILZIE.
Carmichael of Mauldsly
v.
Carmichael
1742 ,July 27 .
Case No.No. 17.
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An heir of entail with irritant and resolutive clauses, and containing an obligement on the heirs to pay the entailer's debts; and an act of Parliament in 1695 having, been obtained for selling some of the subjects for payment of the debts which were accordingly sold, but misapplied; the next heir now pursues a declarator, that he has power to sell for payment of the tailzied debts, and also the debts of the former heir that are found to affect the estate; and Mr William Carmichael the next heir (after the pursuer's brother) consented to a sale for payment of the tailzier's debts, but not those of the heir af entail: But the Court would not find he had powers to sell for either of these purposes, and assoilzied from the declarator. (See No. 20.)
The electronic version of the text was provided by the Scottish Council of Law Reporting