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Subject_1 TAILZIE.
Case of Dunnipace
1744 ,Jan. 27 .
Case No.No. 23.
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A tailzie prohibiting to contract debts and irritating the right of the contravener, but not irritating the debts contracted, the tailzie before the act 1685, therefore needed not to be recorded, but the clauses were inserted in all the charters and sasines. The question was, Whether these debts were void or not? Arniston, Ordinary, had, 2d December, found them void, but 27th January 1744 the Lords by a great majority altered Arniston's interlocutor, and found the debts effectual against the estate. Con. were President, Royston, Arniston. I do not know how Strichen voted. Justice-Clerk was absent. Murkle came late and did not vote, but was for adhering.
The electronic version of the text was provided by the Scottish Council of Law Reporting