Mrs Elizabeth Rose of Kilravock v James Rose, An Infant, and Francis Russel, Advocate, His Guardian: HL 2 Apr 1787

Succession – Heirs Primarily Liable – Relief among Heirs – Heirs whatsoever, how Interpreted? – Several estates belonging to the same ancestor, were together conveyed in security of debt by heritable bonds. Part of the estate descended, after his decease, to the heir of line, and another to the heir male. Held, reversing the judgment of the Court of Session, that the heir male has not relief against the heir of line, in so far as the bonds are charged on his estate.

Citations:

[1787] UKHL 3 – Paton – 66

Links:

Bailii

Jurisdiction:

England and Wales

Insolvency

Updated: 23 March 2022; Ref: scu.581020