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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Major Maitland v Creditors of Charles Maitland. [1755] 5 Brn 837 (5 December 1755)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.
Date: Major Maitland
v.
Creditors of Charles Maitland
5 December 1755 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords found that an heir of entail was personally liable to the
payment of his predecessor's debts, and that the creditors might do diligence against him personally as well as against the estate. Upon this occasion a question was started among the Lords, Whether an heir of entail, being an heir of provision, and in re certa, where the estate was the inventary, was only liable secundum vires of that inventary, that is, to the value of the entailed estate; or whether he was not, like other heirs, universally liable, only with the benefit of discussion. The President thought he was universally liable: Prestongrange and Kaimes were of another opinion; but, as it was not alleged in this case that the subject was exhausted, there was no occasion for determining that question.
The electronic version of the text was provided by the Scottish Council of Law Reporting