Tailzie – An estate was held under a strict entail against contracting debt, or doing any deed whereby it might be evicted, but with power to the heirs to burden it with the entailer’s debts. In security of some of these debts, proper wadsets were granted over a part of it, and the heir afterwards executed a bond of eik in favour of the creditor upon his becoming bound to relieve him of certain other of the debts. It was found that the bond was not ultra vires of the heir, and that a decree of apprising proceeding upon it, by which the lands had been carried off, was not struck at by the entail.
[1735] UKHL 1 – Paton – 156, (1735) 1 Paton 156
Bailii
Scotland
Updated: 01 September 2021; Ref: scu.554576 br>