Tailzie,- Irritancy.- Found that under an entail prohibiting ‘debts, whereby the estate may be adjudged or evicted,’ the contracting of personal debts, on which no diligence had followed against the estate, does not infer an irritancy.
Found that the arrear of an annuity reserved to the entailer’s widow, is the debt of the entailer, and not of the heir in possession, although the annuity should have been paid by him.
The heirs being prohibited under an irritancy from ‘contracting debts, or doing other deeds of omission, or commission, whereby the lands, or any part thereof, may be adjudged,’ andc. and the entailer’s widow having led adjudication for the arrears of her annuity,-Found that the right of the heir in possession was not thereby irritated.
[1742] UKHL 1 – Paton – 316
Bailii
Scotland
Landlord and Tenant
Updated: 07 January 2022; Ref: scu.556482