Conveyancing According to the Law of Scotland: Being the Lectures of the Late Allan MenziesT. Constable, 1856 - 876 pages |
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Page 31
... Diligence used before such appointment is valid ; the fact of its hav- ing been used in the pupil's name alone being no more a nullity in the diligence than in the process itself , which is regularly enough brought into Court first in ...
... Diligence used before such appointment is valid ; the fact of its hav- ing been used in the pupil's name alone being no more a nullity in the diligence than in the process itself , which is regularly enough brought into Court first in ...
Page 38
... diligence before the dissolution of the marriage . But when the husband resides abroad , and the wife carries on an independent trade in Scotland , she may contract so as to subject her person to diligence -an inroad upon the law of ...
... diligence before the dissolution of the marriage . But when the husband resides abroad , and the wife carries on an independent trade in Scotland , she may contract so as to subject her person to diligence -an inroad upon the law of ...
Page 69
... diligence ; and it is only such deeds granted under the pressure of diligence as have no rela- tion to the debt upon which that diligence has proceeded , that will be reduced . The Court , by an equitable application of this doctrine ...
... diligence ; and it is only such deeds granted under the pressure of diligence as have no rela- tion to the debt upon which that diligence has proceeded , that will be reduced . The Court , by an equitable application of this doctrine ...
Page 92
... diligence by inhibition and adjudication having been found null on account of the title being unstamped , the party got it stamped , and the Lords held that the stamping operated back- wards so as to support the diligence . In Lamont v ...
... diligence by inhibition and adjudication having been found null on account of the title being unstamped , the party got it stamped , and the Lords held that the stamping operated back- wards so as to support the diligence . In Lamont v ...
Page 159
... diligence was refused upon a deed containing merely a procuratory without a consent to execution ; Erskine , 27th July 1710. But the privilege of registration in order M. 14,997 . to diligence is extended by special statutes , as we ...
... diligence was refused upon a deed containing merely a procuratory without a consent to execution ; Erskine , 27th July 1710. But the privilege of registration in order M. 14,997 . to diligence is extended by special statutes , as we ...
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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.