Tailzie – Title to pursue – An heir under an entail, which was not properly recorded, having possessed without inserting in his infeftments the fetters of the entail, and contracted debts; the next heir (who had made up his titles in the same manner,) brought an action to have it declared that these debts were chargeable on the estate, and that he might lawfully sell a part of it in order to pay them. It was found that he had no power to sell,-the right of the creditors to bring proper actions for affecting the estates being reserved.
[1735] UKHL 1 – Paton – 167, (1735) 1 Paton 167
Bailii
Scotland
Wills and Probate
Updated: 06 January 2022; Ref: scu.554579