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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Charles Ross v Ross of Aldie. [1765] 5 Brn 909 (7 March 1765)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.
Date: Charles Ross
v.
Ross of Aldie
7 March 1765 Click here to view a pdf copy of this documet : PDF Copy
In this cause there was a very general point mentioned among the Lords, viz. Whether an heir of entail, laid under no limitation but that of not altering the order of succession, can make a new entail, laying the other heirs under farther limitations against contracting debt and alienating ?
Lord Pitfour said it was certain law that he could; and he mentioned a case in the year 1734, in which the greatest lawyers then in the house were consulted, and had given their opinion that there was no doubt in the matter. But some of the Lords expressed a good deal of doubt, and the case was decided against the additional entail, upon this specialty,—that the order of succession was altered as to one of the substitutions, and other things done which the heir had no power to do; and the Lords would not divide the tailyie, sustaining one part of it and rejecting the rest.
The electronic version of the text was provided by the Scottish Council of Law Reporting