The Scots Digest of Scots Appeals in the House of Lords from 1707 and of the Cases Decided in the Supreme Courts of Scotland: 1800 to 1873, 2. köideRobert Candlish Henderson W. Green and Sons, 1910 |
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Page 115
... question whether service ought or ought not to be made is a matter which is left to the discretion of the court . Davys , 1870 , 9 M. 44 ; 43 J. 22 . 356. Disentail - Titles - Mistake in Name -Sale - Validity . - An instrument of dis ...
... question whether service ought or ought not to be made is a matter which is left to the discretion of the court . Davys , 1870 , 9 M. 44 ; 43 J. 22 . 356. Disentail - Titles - Mistake in Name -Sale - Validity . - An instrument of dis ...
Page 119
... Question , how far the Court of Session will interpone their authority to excambions effected between private parties , of whom one is an heir of entail , acting under powers in the deed of entail to excamb under authority of the court ...
... Question , how far the Court of Session will interpone their authority to excambions effected between private parties , of whom one is an heir of entail , acting under powers in the deed of entail to excamb under authority of the court ...
Page 131
... Question , under the terms of a private statute passed to enable heirs of entail to feu out certain parts of the entailed lands , whether power was given to feu out the lands by private bargain , or only by public sale . Rankine , 1840 ...
... Question , under the terms of a private statute passed to enable heirs of entail to feu out certain parts of the entailed lands , whether power was given to feu out the lands by private bargain , or only by public sale . Rankine , 1840 ...
Page 137
... Question : What would have been the effect of the irregularity if not noticed till the proceedings under the petition had been completed ? E. of Kintore , 1856 , 18 D. 725 . 481. Heir in Possession - Lease Exceed- ing Permitted Period ...
... Question : What would have been the effect of the irregularity if not noticed till the proceedings under the petition had been completed ? E. of Kintore , 1856 , 18 D. 725 . 481. Heir in Possession - Lease Exceed- ing Permitted Period ...
Page 147
... Question whether , under the Rutherfurd Act , in constituting improvement debts , the sum which may be charged is limited by any reference to the rental , as in the Montgomery Act . But held ( 1 ) that if free rental be the measure of ...
... Question whether , under the Rutherfurd Act , in constituting improvement debts , the sum which may be charged is limited by any reference to the rental , as in the Montgomery Act . But held ( 1 ) that if free rental be the measure of ...
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Common terms and phrases
Aberdeen Act action of damages Admissibility Parole Affg alleged allowed annuity applied averred awarded bankrupt bill bond Campbell caution charge claim clause consigned contract Court of Session creditor death debt debtor deceased declarator decree deed of entail defender diligence disentail divorce entailed estate entitled evidence ex facie examined executed executor expenses Extrajudicial favour fishing funds granted ground heir in possession heir of entail heirs-male held competent heritable House of Lords husband incompetent infeft inhibition interdict interest jury jury trial jus mariti lands lease letter liable liferent Lord Advocate Lord Ordinary marriage marriage-contract Martinmas ment moveable oath Oath-Reference objection obtained panel Parole Writ party payment person petition precognition prohibition proof proprietor prove provision pursuer question reduction reference refused rent Rutherfurd Act Scotland sequestration sheriff Stewart Stuart suspension taillie teinds tenant terce tion trial trustees warrant wife witness
Popular passages
Page 497 - 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...
Page 95 - And it is hereby expressly provided and declared that it shall not be lawful to, nor in the power of any of the...
Page 69 - And with and under this limitation and restriction also, that it shall not be lawful to, nor in the power of...
Page 543 - If the learned gentlemen were content, therefore, to take a rule to show cause why the verdict should not be set aside as...
Page 737 - Held that if the husband eats and sleeps separately, under the same roof, he is not held to cohabit with or to be reconciled to her, so as to raise the plea of remissio injurix as a bar to the action ; and therefore that plea in this case was repelled.
Page 919 - The jury returned a verdict for the pursuer, and assessed the damages at "£71 sterling, exclusive of interest.
Page 101 - Money arising therefrom in the Purchase of other Estates, to be settled to the same Uses.
Page 85 - ... conditions, provisions, restrictions, and limitations, * and others before expressed, and herein contained, or any of ' them, that is, shall fail or neglect to obey or perform the said ' conditions and provisions, and each of them, or shall act in the ' contrary of the said restrictions or limitations, or any of them, ' that then, or in any of these cases, not only all such acts, facts, * deeds, and debts contracted, done, or committed contrary ' thereto, or to the true intent and meaning thereof...
Page 655 - Prince distinct from the fue duties in fuelands, or, where the said old extent appears not, shall be infeft in Lands liable in public...
Page 103 - A party, by his trust-deed of settlement, declared " that my said trustees shall pay over the whole free residue and remainder of my means and estate, above disponed to AC my son, and his heirs, executors and successors ; hereby declaring my will to be, that my said trustees shall entail the whole amount on the heirs-male of the said AC ; whom failing, on the heirs-male of DC ; whom failing, on the heirs-male of JC ; whom failing, on the heirs-male of MP...