Subject_1 TAILZIE.
Subject_2 SECT. VII. Act 1685. Cap. 22.
Date: Gavin More of Shawhead, Supplicant
2 February 1753
Case No.No. 133.
A summary application for recording an entail is not competent at the instance of a substitute.
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A substitute in an entail presented a petition to the Court, with the deed of entail, craving the authority of the Court for recording the same in the register of tailzies.
“The Lords were unanimous that this demand was not competent by a summary application; that when a substitute makes such an application, it must be by a process, in which the heir in possession must be made a party, and in which he may have an opportunity to make his objections against recording; this in particular, that if the maker of an entail chooses not to record the same himself, nor lays his heirs under an obligation to record it by a clause in the deed, no substitute is entitled to demand the same to be recorded.” See No. 135. p. 15605.
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