Forfeiture – Tailzie – A father executes an entail in favour of his son; the son incurs an irritancy, but before declarator is attainted of treason: the Court of Session found that the estate returned to the father, though there was no declarator of the irritancy, and that the irritancy was not purgeable:- upon appeal, the judgment was found null, the Court not having jurisdiction.
The estate being held by the son upon a base infeftment from the father, the procurators of resignation in the hands of the Crown not having been executed, and an act of parliament having declared, that the estates of vassals attainted were to go to superiors continuing loyal; the Court upon this act adjudged the estate to the father; but their judgment was reversed upon appeal.
Citations:
[1720] UKHL Robertson – 298, (1720) Robertson 298
Links:
Jurisdiction:
England and Wales
Land
Updated: 08 September 2022; Ref: scu.553644