Pactions, Declarations, &c. by Back-bond or otherwise, qualifying real Rights.
Stewart v. Home
Date: 18 May 1792 Case No. No 54.
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Stewrrt of Argaty, by deed of entail, disponed his lands to his brother George and a series of substitutes, and appointed the following condition to be engrossed in the infeftments, “That the said George Stewart shall be burdened with, and obliged to pay, the whole just and lawful debts owing by me at my death, &c. and certain provisions.” George succeeded and made up titles under this deed, and having died, his widow claiming a terce out of the lands, it was objected, That the estate being settled on her husband under the burden of the entailer's debts and provisions, these must, pro tanto, diminish the terce. Answered, Where lands are disponed as burdened with certain debts, these are real liens; but where the disponee or heir is only taken bound to pay as in the present case, they remain personal. The Lords found, That the burdens were personal on the heir, and not real on the lands.
