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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> K. M'Kenzie v Creditors of M'Kenzie. [1740] 1 Elchies 450 (17 July 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010450-013.html Cite as: [1740] 1 Elchies 450 |
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[1740] 1 Elchies 450
Subject_1 TAILZIE.
K M'Kenzie
v.
Creditors of M'Kenzie
1740 ,July 17 .
Case No.No. 13.
Click here to view a pdf copy of this documet : PDF Copy
The Lords unanimously and without any hesitation found that this tailzie being completed by infeftment and not recorded in the register of tailzies is not effectual against creditors, and in that particular this case differed from the case of Denholm, where the House of Lords reversed the judgment of this Court in favours of the creditors; but the judgment was reversed because that tailzie was a personal deed not completed by infeftment, and the Lords thought that the creditors not contracting upon the faith of the records but of a personal deed, must take it as it stands with all its qualities, though not recorded.
The electronic version of the text was provided by the Scottish Council of Law Reporting
