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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Case of Campbell of Skirvane. [1748] 1 Elchies 456 (19 November 1748)
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Cite as: [1748] 1 Elchies 456
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[1748] 1 Elchies 456
Subject_1 TAILZIE.
Case of Campbell of Skirvane
1748 ,Nov. 19 .
Case No.No. 35.
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These heirs applied for recording an entail in the register of tailzies, being already registrate in the books of Session, which we granted periculo petentis. But the President moved a doubt, Whether an entail not recorded during the life of the maker in the register of entails can be binding as to the irritant and resolutive clauses, since the act 1685, which makes the production and recording a condition of the maker's power to make the entail, which therefore ought to be done during his life.
The electronic version of the text was provided by the Scottish Council of Law Reporting