Entail – Registration – Act 1685 – Passive Representation. – (1.) An entail Mas made, and charter and infeftment passed thereon some years before the Act 1685, regarding the recording of entails, Held, that in order to protect against creditors, such an entail must be recorded. (2.) An heir succeeding, not by an universal title, but as heir under a particular destination, and not haeres alioquin successurus, found only liable to the extent of the value to which he succeeded.
Citations:
[1767] UKHL 3 – Paton – 651, (1767) 3 Paton 651
Links:
Jurisdiction:
Scotland
Land
Updated: 04 July 2022; Ref: scu.560700