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Subject_1 TAILZIE.
Binning
v.
Earl of Lauderdale
1743 ,June 10 .
Case No.No. 18.
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The Lords, 1st, found that the power of Earl Richard was affectable by his creditors on a charge to enter heir; 2dly, That the Duke of Lauderdale's debts cannot be pleaded to exclude the entail; 3dly, That Sir William Sharp's adjudication 1691 against Earl Richard without any charge to enter heir was void and null; 4thly, That the pursuer is pari passu with the other two adjudgers in 1694, and therefore that these two adjudications did not exclude. 18th November 1743, Adhered. The President, Strichen, and Kilkerran were for altering as to the first point.
The electronic version of the text was provided by the Scottish Council of Law Reporting