Conveyancing According to the Law of Scotland: Being the Lectures of the Late Allan MenziesT. Constable, 1856 - 876 pages |
From inside the book
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Page 32
... cautioner of the tutor - dative would be still liable for the loss , as may " be inferred from the judgment against the cautioner in Eaton and Cowan v . Murdoch , 9th " June 1826 ; " per LORD DEAS in White , 17 D. p . 602 . † In ...
... cautioner of the tutor - dative would be still liable for the loss , as may " be inferred from the judgment against the cautioner in Eaton and Cowan v . Murdoch , 9th " June 1826 ; " per LORD DEAS in White , 17 D. p . 602 . † In ...
Page 198
... cautioner has paid a debt and interest , he is entitled under the penalty in the bond to recover interest upon the interest he has paid , as well as the expense of the assignation by the creditor in his favour ; Inglis & Weir v . Renny ...
... cautioner has paid a debt and interest , he is entitled under the penalty in the bond to recover interest upon the interest he has paid , as well as the expense of the assignation by the creditor in his favour ; Inglis & Weir v . Renny ...
Page 199
... cautioner , are the only instances in which interest is allowed upon interest ; Jolly v . M'Neill , 28th May 7 S. 669 . 1829. The same doctrine will be found in the previous case of Duke of Queensberry's Executors v . Tait , 23d May ...
... cautioner , are the only instances in which interest is allowed upon interest ; Jolly v . M'Neill , 28th May 7 S. 669 . 1829. The same doctrine will be found in the previous case of Duke of Queensberry's Executors v . Tait , 23d May ...
Page 207
... CAUTIONER . A bond subscribed by several persons is generally for the benefit PRINCIPAL AND of one of their number , and the rest become bound , in order to give him the benefit of their credit . When the bond is in this form the party ...
... CAUTIONER . A bond subscribed by several persons is generally for the benefit PRINCIPAL AND of one of their number , and the rest become bound , in order to give him the benefit of their credit . When the bond is in this form the party ...
Page 208
... cautioner may be sued in the same action with the prin- cipal , provided execution against the cautioner be superseded , until the principal is discussed ; Douglas v . Lindsay , December 1662 ; Primroses v . Commissary Clerks of ...
... cautioner may be sued in the same action with the prin- cipal , provided execution against the cautioner be superseded , until the principal is discussed ; Douglas v . Lindsay , December 1662 ; Primroses v . Commissary Clerks of ...
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Conveyancing According to the Law of Scotland: Being the Lectures (Classic ... Allan Menzies No preview available - 2017 |
Common terms and phrases
adjudication arbiter arrestment assignation authority bill bond bound burgage cautioner CHAPTER charge claim clause complete confirmation consent conta contained contract conveyance Court of Session creditor death debt debtor December decision declared decree deed delivery diligence discharge disponee disposition effect entail entitled erasure Erskine ex facie execution executor favour February feudal granted granter ground heir held heritable House of Lords indorser infeftment inserted instrument interest January judicial July June lands letters of horning liable liferent Lord marriage ment moveable notary November obligation obtained party payable payment person poinding possession precept principle procuratory promissory note provision purchaser referred regard rent resignation Ross rule sasine Scotland shew specified statute subscribed subscription superior tailzie terce testator tion transfer transmission trustees valid vassal Vict warrandice warrant witnesses words writ
Popular passages
Page 317 - Islands" mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty.
Page 845 - ... and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of such company, and in all bills of parcels, invoices, receipts, and letters of credit of the company.
Page 451 - ... indorse on the bill of sale the fact of such entry having been made, with the date and hour thereof; and all bills of sale of any ship or shares in a ship shall be entered in the register book in the order of their production to the registrar.
Page 375 - ... in every case where a draft on any banker made payable to bearer or to order on demand bears across its face an addition in written or stamped letters, of the name of any banker, or of the words 'and company...
Page 450 - No person shall be entitled to be registered as owner of any frar,tioiml part of a share in a ship, but any number of persons, not exceeding five, may be registered as joint owners of a ship, or of a share or shares therein.
Page 845 - Any contract which if made between private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 451 - ... shall be in the form marked A in the first part of the First Schedule to this Act, or as near thereto as circumstances permit, and shall be executed by the transferor in the presence of, and be attested by, a witness or witnesses.
Page 841 - I do not know the man I should avoid So soon as that spare Cassius. He reads much; He is a great observer, and he looks Quite through the deeds of men...
Page 241 - Judges held, that, in the case of a chose in action, you must do everything towards having possession which the subject admits; you must do that which is tantamount to obtaining possession, by placing every person who has an equitable or legal interest in the matter under an obligation to treat it as your *property. For this purpose, you must give notice to the legal holder of the fund ; in the case of a debt, for instance, notice to the debtor is, for many purposes, tantamount to possession.
Page 491 - Know ye this, my lord, that I shall be faithful and true unto you, and faith to you shall bear for the lands which I claim to hold of you, and that I shall lawfully do to you the customs and services which I ought to do, at the terms assigned, so help me God and his saints; and he shall kiss the book.