Leading Cases in the Law of Scotland: Prepared from the Original Pleadings, Arranged in Systematic Order, and Elucidated by Opinins of the Court Never Before Published, 62. raamat,1. köideSutherland and Knox, 1849 |
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Common terms and phrases
action adjudica adjudication alter annualrent annualrenters apparent heir apprising ARGUMENT behoof CAMPBELL charge charter claim clause complete contained contract conveyance conveyed Court Court of Session Coutts Crawfurd creditor death deathbed deed debt debtor declarator defender denude diligence disponed disposition effect entail entitled ex facie executed expiry father favour feudal granted granter ground heir-at-law heirs-male held heritable heritable bond heritage House of Lords infeftment inhibition intention interlocutor investiture judgment jus crediti lands and teinds law of Scotland liege poustie LORD ESKGROVE LORD MONCREIFF Lord Ordinary LORD PRESIDENT Lord Stair Lordships ment moveable negative prescription obligation observed opinion pari passu party payment PLEADED Porterfield possession posterior preferable procuratory pursuer question real right reduction res judicata reserved power revocation revoked right of property sasine Scots Session Papers settlement Sinclair Statute sufficient superior tailzie teinds terce tion trust-deed trustees valid vested warrandice whole writs
Popular passages
Page 132 - The moveable estate and effects of the bankrupt, wherever situated, so far as attachable for debt, to the same effect as if actual delivery or possession had been obtained, or intimation made at that date, subject always to such preferable securities as existed at the date of the sequestration, and are not null or reducible...
Page 634 - And with this declaration it is further ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment and declaration.
Page 582 - ... and the original tailzie once produced before the Lords of Session judicially, who are hereby ordained to interpose their authority thereto ; and that a record be made in a particular register-book, to be kept for that effect, wherein shall be recorded the names of the maker of the tailzie, and of the heirs of tailzie...
Page 132 - The act and warrant of confirmation in favour of the trustee shall ipso jure transfer to and vest in him or any succeeding trustee, for behoof of the creditors, absolutely and irredeemably, as at the date of the sequestration, with all right, title, and interest, the whole property of the debtor, to the effect following : 1st.
Page 407 - In the name of God, amen. I, Ichabod Pratt, of the town of Southold, and county of Suffolk, and State of New York, being of failing bodily health, but of sound mind, do make and declare this to be my last will and testament.
Page 462 - ... adjudged the estate itself by charging the heir to enter, which charge necessarily implied that it was competent for the heir to be served in special as heir of the investiture; and accordingly the interlocutor of Lord Eskgrove, adhered to by the Court, expressly found that Dugald Campbell ' was not completely divested of the real right and property of his estate by the trust-right and infeftment thereon founded on by the objectors, — the same having been a trust for the granter's behoof, though...
Page 103 - Registration, unless specially qualified, shall import a Consent to Registration and a Procuratory of Registration in the Books of Council and Session, or other Judges...
Page 151 - That in all Cases it shall be lawful for the Judges of the Court of Session, when pronouncing Decree of Adjudication, whether for Debt or in Implement, or Decree of Sale, to grant Warrant in Terms...
Page 665 - As to the question of implied revocation, if we are to act on the maxim of stare decisis, the judgment cannot be disturbed. The deed in liege poustie reserves a power of revocation. By making another disposition under the authority of the power, it must be supposed that the disponer intended to do something effectual, and it cannot be implied that by the exercise of the power he meant to revoke it.
Page 104 - Disponee] or his foresaids Sasine [or Liferent Sasine or Sasine in Liferent and Fee respectively, as the Case may be,] of the Lands and others above disponed.