Entail – Debts – Provisions. –
(1) An entailed estate having been sold under an Act of Parliament, and this Act having been obtained by the fraudulent allegation of debt, which did not exist, the sale was set aside, and the entail held to be still a binding and subsisting entail, though the maker and the institute had concurred to put an end to it, before the Act had been obtained. (2) Held that two of the debts founded on were not true debts; but that Lady Anne’s bond of provision was a true debt, yet that no interest was chargeable against the estate on it, during Lord Royston’s possession, as during that possession he was bound to keep down the interest of the debt on the estate.
Citations:
[1757] UKHL 6 – Paton – 711
Links:
Jurisdiction:
England and Wales
Scotland
Updated: 12 July 2022; Ref: scu.558243