Irvine of Drum, Esq, and Guardians v George, Earl of Aberdeen, Duff of Coulter: HL 2 Apr 1770

Decret of Sale – Exclusive Title.-
When a decree of sale is impugned, as having been fraudulently obtained, held that production of such decree is not a sufficient title to exclude exhibition of other writs specially called for, as the grounds and warrants on which it proceeded, nor a bar to the action raised for restoration of an entailed estate sold for the entailer’s debts; reversing the judgment of the Court of Session.

[1770] UKHL 2 – Paton – 249
Bailii
Scotland

Contract

Updated: 13 January 2022; Ref: scu.561677