Conveyancing According to the Law of Scotland: Being the Edited Lectures of the Late Allan MenziesBell & Bradfute, 1863 - 968 pages |
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Page 52
... hands of third parties ignorant of the circumstances under which it was granted . So action was refused upon a bill for £ 200 , accepted in payment of a gambling debt , although it was in the hands of an onerous bona fide holder , not ...
... hands of third parties ignorant of the circumstances under which it was granted . So action was refused upon a bill for £ 200 , accepted in payment of a gambling debt , although it was in the hands of an onerous bona fide holder , not ...
Page 53
... hands , nor instead of his bill . And there 1 Cox , 112 . would be no bounds to the crushing influence of the power of an attorney , who has the CONTRACTS WHICH CREATE EXTRAORDIN- IN PROFITS OF F. C. Upon CHAP . I. 53 GENERAL REQUISITES ...
... hands , nor instead of his bill . And there 1 Cox , 112 . would be no bounds to the crushing influence of the power of an attorney , who has the CONTRACTS WHICH CREATE EXTRAORDIN- IN PROFITS OF F. C. Upon CHAP . I. 53 GENERAL REQUISITES ...
Page 54
... hands , if it was not so . But once extricate him , and it may be " otherwise . " In Scotland , the point was lately raised in the case of Sir Windham Car- michael Anstruther v . Wilkie , 31st January 1856. In that case , Anstruther ...
... hands , if it was not so . But once extricate him , and it may be " otherwise . " In Scotland , the point was lately raised in the case of Sir Windham Car- michael Anstruther v . Wilkie , 31st January 1856. In that case , Anstruther ...
Page 70
... hands of a third party ; Wightman v . Graham , 6th December 1787. There a bill , granted under the terror of imprisonment , was found of no validity even in the hands of an onerous indorsee . In Stuarts v . Whitefoord , 10th January ...
... hands of a third party ; Wightman v . Graham , 6th December 1787. There a bill , granted under the terror of imprisonment , was found of no validity even in the hands of an onerous indorsee . In Stuarts v . Whitefoord , 10th January ...
Page 83
... hand , and the writer's name and designation , with the particulars of the execution , to be filled in by another . It has also been decided , that where a deed is completed by the hand of a different person from the writer of the body ...
... hand , and the writer's name and designation , with the particulars of the execution , to be filled in by another . It has also been decided , that where a deed is completed by the hand of a different person from the writer of the body ...
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Common terms and phrases
arbiter arrestment assignation authority Bankruptcy Scotland bill bond bound burgage cautioner charge charter claim clause complete confirmation consent contained contract conveyance Court of Session creditor death debt debtor December decision declared decree deed delivery diligence discharge disponee disposition effect entail entitled erasure execution executor favour February feudal granted granter ground heir held heritable House of Lords indorser infeftment inserted instrument interest January judicial July June lands legacy letters of horning liable liferent Lord marriage ment moveable necessary notary November obligation obtained party payable payment person poinding possession precept principle procuratory prorogation provision recorded referred regard rents resignation Ross rule sasine Scotland specified stamp Statute subinfeudation subscribed subscription superior supra tailzie terce testator tion transfer transmission trustees valid vassal vested Vict warrandice warrant witnesses words writ
Popular passages
Page 263 - Act the following words and expressions shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction...
Page 435 - ... 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 707 - Duchy for the time being ; and the execution of such instrument by and any such notice given to such person or persons shall be deemed and taken for the purposes of this Act to be an execution by and a sufficient notice to the patron of the benefice.
Page 435 - 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 252 - ... in the lands comprehended therein, in or as nearly as may be in the form set forth in Schedule...
Page 154 - Where goods shall, after the passing of this Act, be sold, the seller, if at the time of the sale he was without knowledge that the same were defective or of bad quality, shall not be held to have warranted their quality or sufficiency, but the goods, with all faults, shall be at the risk of the purchaser, unless the seller shall have given an express warranty of the quality or sufficiency of such goods, or unless the goods have been expressly sold for a specified and particular purpose, in...
Page 249 - 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 511 - 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.
Page 227 - A man goes to the bank and finds surety to the amount, we shall suppose, of a thousand pounds. This money, or any part of it, he has the liberty of drawing out whenever he pleases, and he pays only the ordinary interest for it while it is in his hands. He may, when he pleases, repay any sum so small as twenty pounds, and the interest is discounted from the Very day of the repayment.
Page 214 - Where any person shall, after the passing of this Act, become bound as cautioner for any principal debtor, it shall not be necessary for the creditor to whom such cautionary obligation shall be granted, before calling on the cautioner for payment of the debt to which such cautionary obligation refers, to discuss or do diligence against the principal debtor, as now required by law ; but it shall be competent to such creditor to proceed against the principal debtor and the said cautioner, or against...