WILLIAM PAUL, Trustee for the Creditors of William Robertson, v M'LEOD & Ors (Court of Session)

Upon the death of Charles Robertson, in 1792, the entail of the lands of Kindeace was recorded; and William, the institute, completed his right under the entail.

In 1794, the estate of Invercarron, in Ross-shire, was sold by judicial sale; and two lots of it were purchased by William Robertson at the price of L.4500; and he obtained a decree of sale in common form in favour of himself, his heirs and assignees.

Thereafter, in virtue of the directions above recited, he executed an entail of these lands, which was duly recorded; and the narrative of the deed bore, that the entail was ‘to satisfy and pay the prices of the lands, and others purchased by me, as aforesaid, with the sums of money conveyed to me by the above mentioned deed of entail and settlement executed by my said deceased father.’

Lord Eldin, Ordinary, ‘repelled the reasons of suspension, and decerned;’ but the Court ‘recalled this interlocutor, and remitted to the Lord Ordinary to call the heirs of entail in an action of declarator.’

The heirs were accordingly called in a process of reduction and declarator; and this having been conjoined with the suspension, the cause was again brought before the Court, when cases were ordered.