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 47
... held to be out of our power , contra bonos which reason or law forbids - no one can validly contract to do that which is immoral or unlawful . It is to be held as settled , therefore , that no deed granted for a cause which is contra ...
... held to be out of our power , contra bonos which reason or law forbids - no one can validly contract to do that which is immoral or unlawful . It is to be held as settled , therefore , that no deed granted for a cause which is contra ...
Page 57
... held to be settled law , that a public officer might not assign the emoluments of his office , and such assignments did actually occur ; while the Court of Session was also in the constant practice , in processes of cessio bonorum at ...
... held to be settled law , that a public officer might not assign the emoluments of his office , and such assignments did actually occur ; while the Court of Session was also in the constant practice , in processes of cessio bonorum at ...
Page 63
... held not a relevant objection to a bond , that it had been sub- scribed on Sunday ; and in Elliot v . Faulke , 20th January 1844 , it 6 D. 411 . was held no objection to a bill that it was dated on a Sunday . A well - known case on this ...
... held not a relevant objection to a bond , that it had been sub- scribed on Sunday ; and in Elliot v . Faulke , 20th January 1844 , it 6 D. 411 . was held no objection to a bill that it was dated on a Sunday . A well - known case on this ...
Page 66
... held to go to the purchaser . Such a capture could not be held to be in the contemplation of the parties ; and Lord FULLERTON remarks , that the case of the jactus retis would be differently decided , where the quantity of fish was ...
... held to go to the purchaser . Such a capture could not be held to be in the contemplation of the parties ; and Lord FULLERTON remarks , that the case of the jactus retis would be differently decided , where the quantity of fish was ...
Page 81
... held not requisite to mention in the deed , by whom it was written , when the fact of who was the writer appeared otherwise upon the face of the deed , and his name and designation were inserted in the character of witness , it would be ...
... held not requisite to mention in the deed , by whom it was written , when the fact of who was the writer appeared otherwise upon the face of the deed , and his name and designation were inserted in the character of witness , it would be ...
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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.