Decree of Sale – Entail – General and Special Charge.- Entail executed in shape of a procuratory of resignation, upon which charter was obtained, and this charter, but not the procuratory, produced judicially before the Court, and recorded in the Register of Tailzies. Held, that this was not perfect registration of the entail, and that the charter was not the original entail, but the procuratory. Held, circumstances not sufficient to set aside a decree of sale impugned on fraud. Held that a general and special charge, as the warrants of an adjudication cannot be called on after 20 years.
Citations:
[1777] UKHL 2 – Paton – 419, (1777) 2 Paton 419
Links:
Jurisdiction:
Scotland
Land
Updated: 27 August 2022; Ref: scu.562007