The provisions of the Act would be capable of being defeated if it had remained possible to tie up lands in perpetuity by the creation of a series of liferents. This would soon supersede all other methods of doing so if it were competent.
Judges:
Lord Mackenzie
Citations:
(1846) 8 D 863
Statutes:
Entail Amendment (Scotland) Act 1848
Jurisdiction:
Scotland
Cited by:
Cited – Earl of Balfour v Keeper of the Registers of Scotland and Others HL 6-Nov-2002
The applicant sought a declaration that he was the owner of land by virtue of the 1848 Act, claiming that a series of grants of liferent were ineffective to restrict the title transferred.
Held: Miller’s Trustees was to be applied in to the . .
Lists of cited by and citing cases may be incomplete.
Scotland, Trusts
Updated: 01 December 2022; Ref: scu.186364