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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laurie v Laurie. [1744] 1 Elchies 452 (19 June 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010452-025.html

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[1744] 1 Elchies 452      

Subject_1 TAILZIE.

Laurie
v.
Laurie

1744, June 19.
Case No. No. 25.

Click here to view a pdf copy of this documet : PDF Copy

One purchased an estate and took the disposition to himself and certain heirs (whereof the first was heir at law) under the restrictions contained in his rights of another estate, which separate rights contained a strict entail with irritant and resolutive clause, but none of them recited in the new right. The substitute pursued the heir first called to take the rights with the irritant and resolutive clauses in the other rights. The Lords found there lies no action at the remote heir's instance against the present heir, but found that by “restrictions” it was intended to be subject to all the limitations and conditions of the other entail.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010452-025.html