Tailzie – Circumstances under which a feucharter by an heir of entail was reduced as granted a non habente potestatem, although power to feu, without diminution of the rental, was given by the entail.
Prescription – Lands being possessed under a lease, and a feu of the same subsequently granted, it was found that the possession continued to be in virtue of the lease, and that prescription against the right of challenging the feu, commenced only at the expiry of the lease, and not from the date of the feucharter.
Jus Tertii – It being objected to the title of an heir pursuing a reduction of his ancestor’s deed, as a contravention of the entail, that the contravention implied the forfeiture of his own right,-the objection was repelled as being jus tertii to one who did not claim under the entail.
[1734] UKHL 1 – Paton – 126
Bailii
Scotland
Updated: 20 September 2021; Ref: scu.554566 br>