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Scottish Court of Session Decisions >>
Mr Neil Campbell and Others, Creditors of Lord Ruthven, Petitioners. [1755] Mor 7445 (12 February 1755)
URL: http://www.bailii.org/scot/cases/ScotCS/1755/Mor1807445-165.html
Mr Neil Campbell and Others, Creditors of Lord Ruthven, Petitioners
Date: 12 February 1755 Case No. No 165.
An estate strictly entailed being sequestrated by the Court of Session, their Lordships ordered leases thereof for nineteen years to be made, the heir of entail offering no objections.
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The lands of Ruthven, entailed under prohibitive, irritant, and resolutive claues, were sequestrated for the behoof of the Creditors of Lord Ruthven.
The Creditors represented, That the tacks on this estate had expired; that the entail did not prohibit the granting of tacks, and that the rents could not be raised, unless tacks were granted to endure for 19 years: They therefore prayed, That the factor might be authorised to grant tacks of the endurance aforesaid.
No objection was offered for the heirs of entail.
'The Lords granted the desire of the petition; and ordained, That the tacks should be set at the sight of the Sheriff-depute or his substitutes, and that the said Sheriff, or his substitutes, should sign witness to the tack so set.'
